BRYANT & STRATTON'S 

iiiiii iiiiiii iiLLiiL 



The most Complete and Extensive Institution of the kind in the United States. 
jhcobje: tblajn soo sTir»Eiirxs lar »a.ii.y jLXXEisi>A.HrcE. 

The Practical Business Department containa the following Offices, viz : 

Banking Office, Railroad Office, Insurance Office, Com- 
mission House, Jobbing House, Post Office, 
Telegraph Office, &c. 

THE MOST COMPLETE TELEGRAPH INSTITUTE IN THE WORLD. 

THIRT7 IITSTRUXaEITTS IIT D^A.IX.'S' USS. 



This CoUeg 
of the largest 
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Betant 4 
believe there 
complete facii 
& S. have al 
other departn 
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business men. 



^ibratj! of &m\pt^^. 

IaJ 

<^o./.y.yle ^M. .^'^M. 






UNITED STATES OP AMEEICA. 



jcated in eighteen 
M-k,, Philadelphia, 
Dchester, Buffalo, 



tly say, that we 
as extensive and 
ution. Messrs. B. 
Dperation, and the 
a was never more 

[•ring those young 
;coming successful 
is one of the best 
links in the gi'eat chain of international colleges located in eighteen of the largest commercial 
cities of the United States and the Canadas. It has large and neatly furnished rooms, a good 
corps of practical teachers, and every facility necessary to impart a thorough theoretical and 
practical education. 

We know of no school that affords equal facilities for furnishing all the information one could 
desire, to guide him safely through a successful business career and fortify him against those 
peculiar temptations in life, so ruinous to an ambitious man, when he once yields to their infin- 
ence. 

The public are invited to call at the College rooms and witness the thorough drills that the stu- 
dent gets in every department of the College, and there diScide whether it is worthy of patronage 
or not. 

There are now ten competent teachers employed in the several departments of the Chicago 
College — with between four and five hundred students. 

The "Actual Business" is in full operation — having a nice banking office, raiboad office* 
commission house, jobbing house, insurance office, telegraph office, post office, &c. 

In the " Telegraph Department " there are thirty instruments in constant use. Messrs. B. ft 
S. are furnishing every facility that could be desired. — Chicago Evening Journal. 

For further information call at College Rooms, corner Clark and Washington 
Streets, or send for circulars. Address 

BRYANT & STRATTON, 

CHICAGO, ILL. 



VALUABLE B00;KS FOR TEACHERS AND SCHOOLS. 



CAMP'S PRIMARY GEOGRAPHY, 
CAMP'S INTERMEDIATE " 
CAMP'S HIGHER 

CAMP'S MAPPING PLATES, corre3ponding in size and 
scale with the maps in Higher and Intermediate Geographies. 
MITCHELL'S SERIES OF 




m 

Revised and improved by David N". Camp. 

An important feature in the arrangement of the above works is, the special 
adaptation of the geographies to the outhne maps. The following opinions are 
from those wlio have tested their use in the school room : 

KocK Island, III., March 1, 1864. 
Messrs. Q-ko. & C. W. Sherwood : — We have had Camp's &eographies in use in our School 
for about a year, with Mitchell's Outline Maps. It is the unanimous opinion of the Teachers who 
have tried them, in which I heartily agree, that they have deri,ved more satisfaction, and 
secured a higher degree of success in instruction with these Books and Maps than with any 
which they have heretofore used or been acquainted with. 

We are entirely satisfied with our experiment, and of course shall continue to use them. 

ALBX. M. GOW, Sup't R. I. School. 

Peru, III., Marfch 8th, 1864, 

Messrs. Geo. & 0. W. Sherwood : — Camp's Geographies are used in the Schools of this 
place. I have given them a thorough trial, and have found them worthy of the highest recom- 
mendation. While they furnish a cheap course, they contain all that is desirable in such worlcs, 
and one attractive to both teacher and pupil. W. B. POWELL, Principal Public Schools. 

Belvidbre, III., March 10, 1864. 
Messrs. Geo. & C. W. Sherwood : — We know of no work on the subject, designed for 
Schools, that so systematically combines the Mathematical, Physical and Political departments 
of Geography, as Camp's system. By the pleasing device of arranging the work with reference 
to Outline Map exercise, the localities soon become familiar to the pupil, and a lively interest 
is awakened even in the details of geographical study, that otherwise would be dry and dull. 
We have used these works for three years, and we say, as the result of our experience, that no 
work on the subject of Geography w^th which we are acquainted, can take their place — no 
other work contributes so much to the great work of geographical education. We hope that it 
may be extensively used in our public schools. M. ANDREWS, Principal. 

Aurora, March 10, 1864. 
Messrs. Geo. & C. W. Sherwood: — We have been using Camp's Geogi-aphies in School for 
about one year and a half, in connection with Mitchell's Outline Maps. We are unacquainted 
with any other means so well and peculiarly adapted to the inculcation of Geography in School 
and to school drill upon this subject as is afforded in the plan of this work. 

W. WILKIE, Prin. Public Graded School, West Aurora. 

Published by GEO. & C. W. SHERWOOD, 



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*i^^*5C^^#»4t^ 






MANUAL 



OF 



INSTRUCTION: 



EXPLANATOET OF THE 



COMMON SCHOOL LAW 



STATE OF ILLINOIS. 

DESIGNED FOR THE USE OF SCHOOL OFFICERS AND TEACHERS, 
AND FOR GENERAL INFORMATION. 



V 



ISSUED FROM THE 

DEPARTMENT OF PUBLIC INSTRUCTION, SPRINGFIELD.^LL. 



ROCKFORD: 

ADAMS & BLACKMER, PUBLISHERS. 
♦ PRINTED BY JOHN W. DEAN, NO. 1^ LAKE STREET, CHICAGO. 

1864. 



ENTERED ACCORDING TO ACT OP CONGRESS, IN THE TEAR 1864, BY 

JOHN P. BROOKS, 

in THE clerk's OFFICE OF THE DISTRICT COURT OF THE UNITED STATES, POE 
THE NORTHERN DISTRICT OF ILLINOIS. 



5 Q"' "1 7 7 




PREFACE. 



It has only been attempted in tlie following pages to give to School Officers 
and Teachers, and others interested in the subject treated of, a more thorough 
and practical knowledge of our common school system, — such a knowledge as 
will enable county, township and district school officers to administer the affairs 
of their respective jurisdictions with greater promptness and regularity than 
heretofore. 

The first place in the volume is given to the School Law. 

Next, and in Part I of the volume, follows a general, though condensed, 
abstract of the provisions of the School Law as it is, in reference to the elec- 
tion, duties and powers of each class of officers connected with its administra- 
tion. The subjects embraced in Part I are treated of in their natural order, and 
in detail; and it is believed that the instructions there given, if carefully studied 
and followed, will materially assist school officers in the discharge of their vari- 
ous duties, and secure throughout the State a degree of uniformity in the local 
administrations of the system which is so desirable, and which has not been 
heretofore attained. 

Part II contains official opinions and interpretations of the School Law, as 
given by former Superintendents, including also those of the present administra- 
tion, together with a number of judicial decisions, pronounced by the Supreme 
Court in connection with adjudged cases, the particulars of each case being 
briefly and fairly stated, and indicating plainly the principles at issue in each, 
with their fiaal and authoritative adjudication. In this Part, I have attempted 
only to set forth the general principles of administration, as they are held to be 
obligatory by the authority of the tribunals enunciating them, and not to give 
an official report of particular cases decided by the Department. Indeed, to give 
such a report of particular cases adjudged and determined in this Office, would 
be simply impracticable. It would be so, because, in the first place, there are 
no official records of cases so adjudged and determined on file in the Office of 
PubHc Instruction, from which such detailed report can be made, no such 
records having ever been kept in the Office, or, if so, they have never come 
into my possession. In the second place, it would require a volume of much 



IV PEEFACE. 

larger capacity than the present one, to contain the twentieth part of such cases 
decided by the Department. Hence, I have treated only of general principles, as 
connected with the administration of the School Law. It is believed, however, 
that all the essential principles of a correct and lawful administration of the 
system have been so fully elucidated, that school officers need not materially err 
in their judgment in reference to any ordinary state of facts which may arise, 
and which may require their application. That every case of difference and 
controversy will be decided in the light of the principles herein treated of and 
explained, without appeal to the State Superintendent, is not expected. But it 
is hoped and beUeved that many such cases will be decided by local tribunals, 
which would otherwise be submitted for determination to the Department, and 
that the correspondence of the Office will thus be largely diminished, increasing 
the leisure of the State Superintendent for attention to other and important 
duties. 

In Part III are found Blank Forms, prepared with reference to their simplicity 
and legal accuracy, and relating to all purposes for which such blanks are 
required to be used in the administration of our school system. Following the 
Forms, are designs for country and city school houses, of modern plan, with 
accompanying explanations, prepared by W. W. BoTiNaTON, Esq., Architect, 
Chicago. These will be truly valuable, and constitute a most useful feature of 
the volume. After the architectural plans follow other designs, with explana- 
tions, illustrating various styles of School Furniture and Apparatus, all of which, 
are believed to be well adapted to the wants of our common schools. 

The article on the subject of the jSTormal University was contributed by Pres- 
ident Edwards, of that institution, and will be admired and valued by every 
reader for its general propriety and instructiveness. I am happy to make this 
public acknowledgment of my obligations to President Edwards for his kind 
service rendered in the preparation of the article mentioned. 

The Manual is now sent forth upon its mission of usefulness, with the hope 

that it will answer the ends of its preparation. It cannot be claimed that it is 

free from imperfections, but the reader is assured that care has been taken to 

render it a reliable guide to officers in the administration of the School Law. It 

has been prepared amidst the pressure of official business, and has been made 

as perfect as time and opportunity would permit. It is commended to the kind 

favor of School Officers, School Teachers, and the friends of popular education 

generally. 

JOHN P. BROOKS. 
Department op Public Instrxjctiosj,) 
Springfield, June. 186i. f 



ILLINOIS COMMON SCHOOL LAW. 



AN ACT TO ESTABLISH ANT> MAINTAIN A SYSTEM 
OF FREE SCHOOLS. 



STATE StrPERIXTEXDENT OP PUBLIC INSTRUCTIOlf — HIS ELECTION AND DUTIES. 

Section 1. Be it enacted bi/ the People of the State of Illinois, represented in the 
General Assembly, That at the election to be held on Tuesday after the first Mon- 
day of November, A. D. 1858, and biennially thereafter, there shall be elected, 
by the legal voters of this state, a state superintendent of public instruction, who 
shall hold his office for two years, and until his successor is duly elected and 
qualified. 

§ 2. Before entering upon his duties, he shall take and subscribe the usual 
oath of office, and shall also execute a bond, in the penalty of twenty -five thou- 
sand dollars, payable to the State of Illinois, with sureties to be approved by the 
governor, conditioned for the prompt discharge of his duties as superintendent of 
public instruction, and for the faithful application and disposition, according to 
law, of all school moneys that may come into his hands by virtue of his office ; 
said bond and oath shall be deposited with the secretary of state, and an action 
may be maintained thereon by the state, at any time, for a breach of the condi- 
tions thereof. 

§ 3. It shall be his duty to keep an office at the seat of government of the 
state, and to file all papers, reports and public documents transmitted to him by 
the school officers of the several counties, each year separately, and to keep and 
preserve all other public documents, books and papers relative to schools, com- 
ing into his hands as state superintendent, and to hold the same in readiness to 
be exhibited to the governor, or to any committee 'of either house of the general 
assembly; and shall keep a fair record of aU matters pertaining to the business 
of his office. 

§ 4. He shall, without delay, pay over all sums of money which may come 
into his hands by virtue of his office, to the officer or person entitled to receive 
the same, in such manner as may be prescribed by law. 

§ 5. He shall counsel and advise, in such manner as he may deem most ad- 
visable, with experienced and practical school teachers, as to the best manner 
of conducting common schools. 

§ 6. Said superintendent shall have the supervision of all the common and 
public schools in the state, and sliall be the general adviser and assistant of 
school commissioners in the state ; he shall, from time to time, as he shall deem 
for the interest of schools, address circular letters to said commissioners, giving 
advice as to the best manner of conducting schools, constructing school houses, 
furnishing the same, and procuring competent teachers. 



G , SCHOOL COMMISSIONEES. 

§ 1. Said state superintendent sliall, before tlie fifteentli day of December of 
every year preceding that in whicli shall be liolden a regular session of tlie general 
assembly, report to the governor the condition of the schools in the several 
counties of the state, the whole number of schools vfhich have been taught in 
each county in each of the preceding years, commencing on the first Monday of 
October; what part of said number have been taught by males exclusively; 
what part by females exclusively; what part of said whole number have been 
taught by males and females at the same time ; and what part by males and 
females at different periods; the number of scholars in attendance at said schools; 
the number of white persons in each county \mder twenty-one years of age; the 
amount of township and county fund ; the amount of the interest of the state or 
common school fund, and of the interest of the township and of the county fund 
annually paid out; the amount raised by an ad valorem tax; the whole amount 
annually expended for schools ; the number of school houses, their kind and 
condition; the number of townships and parts of townships in each county; the 
number and description of books and apparatus purchased for the use of schools 
and school libraries under the provisions of this act, the prices paid for the same, 
and total amount purcliased, and what quantity and how distributed; and the 
number and condition of the libraries, together witli such other information and 
suggestions as he may deem important in relation to the school laws, schools, 
and the means of promoting education throughout the state ; which report shall 
be laid before the general assembly at each regular session. 

§ 8. The said state superintendent of public instruction shall make such rules 
and regulations as he may think necessary and expedient to carry into full effect 
the provisions of this act, and of all the laws which now are or may hereafter 
be in force for establishing and maintaiiiing schools in this state ; and the said 
superintendent shall have power, and it shall be his duty, to explain and inter- 
pret and determine to aU school commissioners, directors, township and other 
school officers, the true intent and meaning of this act, and their several duties 
enjoined thereby, and his decision shall be final, unless otherwise directed by 
the legislature, or reversed by a court of competent jurisdiction. 

§ 9. The said state superintendent shall have power to direct and cause the 
Bcliool commissioner of any county, directors or board of trustees, or township 
treasurer of any township, or other school officer, to witlihold from any officer, 
or township, or teacher, any part of the common school, or township, or other 
school fund, until such officer, township, or teacher, shall have complied with 
all tlie provisions of this act relating to his, her or their duties, and such rules 
and regulations as the state superintendent may prescribe, not inconsistent with 
this act ; and the state superintendent may forbid the payment of any part of the 
common school, township, county, or other school fund, to any district in which 
the school or schools have not been kept according to law, or in which no 
school has been kept for six months during the year next preceding the demand 
for payment. 

§ 10. And the said state superintendent shall receive annually the sum of 
fifteen hundred dollars, to be paid quarterly, as a salary for the services required 
tinder the provisions of this act, or any otlaer law that may be passed, and also 
for all necessary contingent expenses for books, postage and stationery pertain- 
ing to his office, to be audited and paid by the state, as the salaries and contin* 
gent expenses of other officers are paid. 

SCHOOL COMMISSIONERS — THEIR ELECTION AND DUTIES. 

§ 11 . On the Tuesday next after the first Monday in November next, atid on the 
Tuesday next after the first Monday in November every two years thereafter, 
there shall be elected, by the qualified voters of each and every county in this 
state, a school commissioner, who shall execiite the duties herein required. He 
shall, before entering upon his duties, take an oath for the faithful discharge of 
his duties. He shall, before entering upon his duties, execute a bond, payable 
to the state of Illinois, with two or more responsible freeholders as security, to 
oe approved by the county court (or in counties adopting the township organi- 



SCHOOL COMMISSIOKEES. 7 

ization, by the board of supervisors), in a penalty of not less than twelve thou- 
sand dollars, to be increased at the discretion of said court, in proportion to his 
responsibiUties, conditioned that he will faithfully perform all the duties of 
school commissioner of said county, according to the laws which are or may be 
itt force; by which bond the obligors shaU be bound jointly and severally, and 
upon which an action or actions may be maintained by the board of trustees of 
the proper township, for the use of any township or fund injured by any breach 
thereof; and joint action may be had for two or more funds. 

§ 12. The bond required in the foregoing section shall be in the following 
form, viz : 

State of Illinois, ) 

County, i **• 

Know all men by these presents, that we, A. B., C. D. and E. F., are held and firmly bound, 

jointly and severally, unto tlie people of the state 'f Illinois, in the penal sum of dollars, 

to the payment of wliioh we bind ourselves, our liLirs, e.'cecutors and administrators, firmly by 

these presents. In witness whereof, we have hereunto sot our hands and seals, this day 

of , A. D. 185—. i 

The condition of the above obligation is such, that if the above bounden A. B. , school commis- 
sioner of the county aforesaid, shall faithfully discharge all the duties of said office according to 
the laws which now are, or may hereafter bi in force, and shall deliver over to his successor in 
ofi&ce all moneys, books, papers and property in his hands as such school commissioner, then this 
obligation to be void ; otherwise to remain in full force and virtue. 

A B- , [seal.] 

C D— , [seal.] 

E F , [seal.] 

And which bond shall be filed in the office of the county court. 

§ 13. The said commissioner shall be liable to removal by the county court 
(or in counties adopting township organization, by the board of supervisors,) for 
any palpable violation of law or omission of duty; and if a majority of said court 
or board of supervisors shall at any time be satisfied that his bond is insufficient, 
it shaU be his duty, on notice, to execute a new bond, to be payable, condi- 
tioned and approved as the first bond ; the execution of which shall not affect 
the old bond, or the liability of the security thereof; and when the office of 
school commissioner shall become vacant, by death, resignation or otherwise, 
the county court, or board of supervisors, shall fill the same by appointment for 
the unexpired term, and the person so appointed shall hold liis office until his 
successor shall be qualified. 

§ 14. The said commissioner shall provide three well bound books, to be 
known and designated by the letters A, B, C, for the following purposes : In 
book A he shall record at length all petitions presented to him for the sale of 
common school lands, and the plats and certificates of valuation made by or 
under the direction of the trustees of schools, and the affidavits in relation to the 
same. In book B he shall keep an account of aU sales of common school lands ; 
which account shall contain the date of sale, name of purchaser, description of 
lands sold, and the sum sold for. In book G he shall keep a regular account of 
all moneys received for lands sold, or otherwise, and loaned or paid out ; the 
person of whom received, and on what account, and showing whether it is 
principal or mterest; the person to whom loaned, the time for which the loan 
was made, the rate of interest, the names of the securities when personal secu- 
rity is taken, or if real estate is taken as security, a description of said real 
estate, and if paid out, to whom, when, and on what account, and the amount 
paid out; the hst of sales, and the accounts of each township fund to be kept 
separate. Said books shall be paid for out of the county treasury of the counties - 
in which they are used. 

§ 15. "Wlienever the bond of the township treasurer, approved by the board 
of trustees of schools, as required by law, shall be delivered by the trustees of 
schools, or either of them, to the school commissioner, he shall receive and file 
the same with the papers of his office. II§ shall then, on demand, deliver to 
said township treasurer, who shaU receipt therefor, all moneys in his hands be- 
longing to said township ; also, all bonds, mortgages, notes and securities of 



8 SCHOOL COMMISSIONEES. 

every description, for money or property due or to become due the town- 
ship, and all i^apers of every description belonging to or in anywise pertaining 
to the'riglits or interests of said township; and' the receipt of said treasurer to 
the school commissioner shall be carefully preserved, and shall be evidence of 
the facts therein stated, as weU in favor of the school commissioner as against 
the township treasurer. 

§ 16. Upon the receipt of the amount due upon the auditor's warrant, the 
school commissioner shall apportion one-third of said amount to the several 
townships and parts of townships in his county, in proportion to the number of 
acres in said townships and parts of townships, and the remaining two-thirds to 
the several townships and fractional townships in his county, according to the 
number of white children, under twenty-one years of age, returned to him, in 
which townships or parts of townships schools" have been kept in accordance 
with the provisions of this act, and with the instructions of the state and county 
superintendents, and shall pay over the distributive share belonging to each 
township and fractional township, as aforesaid, to the respective townsliip treas- 
urers, or other authorized persons, annually. "When there is a countj^ fund in 
the hands of any school commissioner, it shaU be loaned, and the interest 
applied as provided in this section with respect to the interest on the state fund. 

§ 17. The school commissioner shall also, on or before the second Monday 
of November, before each regular session of the general assembly, or annually, 
if so required by the state superintendent, communicate to said superintendent 
all such information and statistics ujDon the subjects of schools in the county as 
the said superintendent is bound to embody in his rejjort to the governor, and 
such other information as the state superintendent shall require. 

§ 18. Tlie school commissioner, upon his removal or resignation, or at the 
expiration of his term of service (or in case of his death, his representatives), 
shall deliver over to his successor in office, on demand, aU moneys, books, 
papers and personal property, belonging to the office, or subject to the control or 
disposition of the school commissioner. 

§ 19. The school commissioner may loan any money, not interest, belonging 
to the county fund, before the same is called for according to law by the town- 
ship treasurer, at the same rate of interest, upon the same security and for the 
same length of time as is provided by this act in relation to the township treas- 
urers ; and notes and mortgages taken in the name of the ' ' school commissioner ' ' 
of the proper county, shall be, and all loans heretofore made in the name of 
"school commissioners," are hereby declared to be as valid as if taken in the 
name of ' ' trustees of schools ' ' of the proper township, and suits may be brought 
in the name of ' ' school commissioners ' ' on all notes and mortgages heretofore 
or hereafter made payable to school commissioners. 

§ 20. It shall be the duty of the school commissioner to visit, as often as 
practicable, the several schools of his county, and to note the common method 
of instruction and branches taught, and give such directions in the art of teach- 
ing, and the method thereof, in each school, as to him, together with the 
directors, shall be deemed expedient and necessary, so that each school shall be 
equal to the grade for which it was established, and that there may be, as far 
as practicable, uniformity in the course of studies in the schools of the several 
grades respectively, and shall carry out the advice and instructions of the state 
siiperintendent. AU questions and controversies arising under the school law, 
in the several counties, shall first be submitted to the school commissioner, for 
his opinion and advice; whence appeal may be taken to the state superintendent, 
'upon a written statement of facts, subscribed by tire school commissioner and 
certified by representatives of each party concerned; Provided, that nothing in 
this act shall be construed to vest the school commissioners or superintendent 
with judicial power. 

§ 21. In all cases where the township board of trustees of any township 
shall fail to prepare and forward, or cause to be preiDared and forwarded, to the 
school commissioner, the information and statistics required of them in this act, 
it shall be the duty of said school commissioner to employ a competent person to 



TKUSTEES OP SCHOOLS. 9 

take tlie enumerfvtion, and furnish said statistical statement, as far as practicable, 
to the commissioner; and said person so employed shall have free access to the 
books and papers of said township, to enable him to make such statement; and 
the township treasurer, or other officer or person in whose custody such books 
and papers may be, shall permit said person to examine such books and papers, 
at such times and places as such person may desire, for the purposes aforesaid; 
and the said school commissioner shaU allow, and jjay, to the person so employed 
by him, for the services, such amount as he may judge reasonable, out of any 
money which is or may come into said commissioner' s hands, apportioned as the 
share of or belonging to such township ; and the said school commissioner shall 
proceed to recover and collect the amount so allowed or paid for such services, 
in a civil action befoi'e any justice of the peace in the county, or before any 
court having jurisdiction, in the name of the people of the state of *Illinois, of 
and against the trustees of schools of said township, in their individual capacity; 
and in such suit or suits the school commissioner and township treasurer shah 
be competent witnesses; and the money so recovered, when collected, shall be 
paid over to the school commissioner, for the benefit of said township, to replace 
the money taken as aforesaid. 

§ 22. When any real estate shall have been taken for debts due to any 
school fund, the title to which real estate has become vested in any school com- 
missioner, or trustees of schools, for the use of the inhabitants of two or more 
townships, the school commissioner may resell such real estate for the benefit of 
said townships, under the provisions of this act regulating the sale of the common 
school lands; and the said commissioner is hereby authorized to execute "con- 
vej^ances to purchasers; and said commissioner shall be entitled to retain the 
same per centage on the amount of such sale out of the assets thereof, as he is 
entitled to for seUing the common school lands. 

TOWNSHIPS — TRUSTEES OP SCHOOLS. 

§ 23. Each congressional township, as surveyed and laid off by authority of 
the United States, is hereby established a township for school purposes. The 
business of the township shall be done by three trustees, to be elected by the 
legal voters of the township ; and the said township, upon the election of trus- 
tees, as aforesaid, as hereinafter provided for, shaU be a body corporate and 

politic, by the name and style of ' ' trustees of schools of township , range 

, " according to the number. The said corporation shall have perpetual 

existence, and shall have power to sue and be sued, to plead and be impleaded, 
in all courts and places where judicial proceedings are had. Said trustees shall 
continue in office two years and until others are elected, and enter upon the 
duties of their office. 

§ 24. jSTo person shall be eligible to the office of trustee of schools unless he 
shall be twenty-one years of age and a resident of the township. 

§ 25. The election of trustees of schools shall be on the second Monday in 
October, biennially, but in townships where such election has not ,been hereto- 
fore had, or where there are no trustees of schools, the election of trustees of 
schools may be holden on Monday; notice being given as hereinafter in this 
section required. The first election shall be ordered, if in townships already 
incorporated, by the trustees of schools of the township, the township treasurer 
giving notice of the time and place, by posting up notices of the same at least 
ten daj'S previous to the day of election, at or in the school house, or in the 
most public place in every school district in the township. If there are no 
trustees of schools in a townsliip, the clerk of the county court shall cause the 
notice to be given as aforesaid. For all subsequent elections, the like notices 
shall be given by the trustees of schools, through the township treasurer: 
Provided, that if, upon any day appointed as aforesaid, for the election aforesaid, 
the said trustees of schools, or judges, shall be of opinion that, on account of the 
small attendance of voters, the public good requires it, or if the voters present, 
or a majority of them, desire it, tliey shall postpone said election until the next 
Monday, and at the same place and hour; at which meeting the voters shall 



10 TRUSTEES OE SCHOOLS. 

proceed as if it were not a postponed or adjourned meeting : And, provided also, 
that if notice shall not have been given as above required, then, and in that case, 
said election may be ordered as aforesaid, and holden on the first Monday in 
November, or any other Monday ; notice thereof being given as aforesaid. 

§ 26. Two of the trustees of schools of incorporated townships, if present, 
shall act as judges, and one as clerk of said election. If said trustees shall fail 
to attend, or refuse to act when present, and in townships unincorporated, the 
qualified voters present shall choose from amongst themselves three judges and a 
clerk to open and conduct said election. 

§ 27. The time and mamier of opening, conducting and closing said election, 
and the several liabilities appertaining to the judges and clerks, and to the voters 
separately and collectively, and the manner of contesting said elections, shall be 
the same as prescribed by the general election laws of this state, defining the 
manner of electing magistrates and constables, so far as applicable, subject to the 
Ijrovisions of this act: Provided, the judges may close said election at four 
o'clock, p. M. 

§ 28. No person shall vote at said election unless he possesses the qualifica- 
tion of a voter at a general election. In case of a tie at such election it shall be 
determined by lot, on the day of election, by the judges thereof. 

§ 29. When a vacancy or vacancies shall occur in the board of trustees of 
schools, the remaining trustee or trustees shall order an election to fill such vacan- 
cy, upon an)' Monday ; notice to be given as requirgd in section twenty- five hereof. 

§ 30. Upon the election of trustees of schools, the judges of the election 
shall cause the poll book of said election to be delivered to the school commis- 
sioner of the county, with a certificate thereon showing the election of said 
trustees, and names of the persons elected; which poll book, with the certificate, 
shall be filed liy said commissioner, and shall be evidence of such election. 

§31. The said trustees of schools, elected as aforesaid, shall be successors 
to the trustees of school lands, appointed by the county commissioners' court, 
and of trustees of schools elected in townships under the provisions of ' ' An act 
making provisions for organizing and maintaining common schools," approved 
February 26, 1841, and of " An act to establish and maintain common schools," 
approved March 1, IS^T. All rights of property, and rights and causes of action, 
existing or vested in the trustees of school lands, or trustees of schools appointed 
or elected as aforesaid for the use of the inhabitants of the township, or any 
part of them, shall vest in the trustees of schools as successors, in as full and 
complete a manner as was vested in the school commissioner [the trustees of 
school lands], or the trustees of schools appointed and elected as aforesaid. 

§ 32. It shall be the duty of the township board of trustees to hold regular 
semi-annual sessions on the first Mondays of April and October in each year, and 
may meet at such other times and such other places as they may think proper ; 
and the president of the board, or any two members thereof, may call a special 
meeting of the board; and at all meetings of the board, two of its members shall 
constitute a quorum to transact any. business. Said board shall organize by 
appointing one of their number president, and some person, Mdio shall not be a 
director or member of the board, township treasurer, who shall be ex officio clerk 
of the board. The said president and township treasurer shall hold their offices 
during the term for which that board of trustees, by which they are appointed, 
shall have been elected, and until their successors are appointed, and until their 
newly appointed treasurer has given bond as required by this act; either of said 
officers, however, for good cause, may be removed by the board. It shall be 
the duty of the president, when present, to preside at the meetings of the board; 
and it shah be the duty-of the clerk to be present at all meetings of the board, and 
to record in a book to be provided for the purpose all their ofScial proceedings, 
which shall be a public record, open to the inspection of any person interested 
therein; and all said proceedings, when recorded, shall be signed by the presi- 
dent and clerk. If the president or clerk shall be absent, or refuse to perform 
any of the duties of his office at any meeting of the board, a president or clerk, 
pro tempore, may be appointed. 



TRUSTEES OP SCHOOLS. 11 

§ 33. Trustees of schools shall lay off the tcwTiiship into districts to suit the 
wislies and convenience of a majority of the inliabitants of their townships, and 
ghall prepare, or cause to be prepared, a map of their township, as often as may 
be necessary, on wnich shall be designated districts, to be styled district No. 

, in township No. , which they may alter or change at any regular 

session; which map shall be certified by the president and clerk of the board, 
and filed with and recorded by the county clerk, in a book to be kept for that 
purpose, to be paid for out of the cormty treasury: Provided, that school districts 
may be formed out of parts of two or more townships or fractional townships; 
in whicli case the trustees of the schools of the townships interested shall act in 
conjunction iu the formation of such district. When a new district is formed 
from one or more districts, the trustees shall "make division of any tax funds 
which are or may be in the hands of any oBicer, in proportion to the amount 
of taxes collected from the property remaining in each district; and it sliall be 
the duty of the officer lo pay the same on the order of the trustees. 

§ 34. At each meeting on the first Monday of April and October, the trus- 
tees having ascertained the amount of state, county and township funds on hand 
and ready for distribution, shall apportion the same as follows : First, two per 
cent, to the townakip treasurer. Second, whatever may be due for the books of 
the treasurer. Third, any reasonable amount for dividing school lands, making 
plats, c&c. Fourth, of the balance, one half shall be divided among the districts, 
in proportion to the number of children, imder twenty-one, in each, and the 
other half in proportion to the attendance certified in the schedules. Thereupon, 
the township treasurer shall pay out the money to the several persons to whom 
it shall be distributed, and hold the balance, if any, apportioned on the schedules, 
subject to the order of the directors of the proper district. They shall also as- 
certain the amount of district tax money in the hands of the treasurer, and direct 
him to pay over the same on the order of the directors of the district to which it 
belongs. 

§ 35. Pupils may be transferred from one district to another, either in the 
Bame or in different townships, only upon the written consent of the directors of 
both districts. The school thus formed shall be under the control of the directors 
of the district in which it is kept. A separate schedule shall be kept for each 
district, upon the return of which to the trustees of the proper township, they 
shall instruct their treasurer to pay the amount certified in said schedule to be 
due, to the teacher entitled thereto; and such separate schedule, duly certified 
shall be taken by the several boards of trustees and their treasurers, as evidence 
of the consent of directors, unless objection be made, in writing, by two directors 
of one of the districts concerned. The aforesaid written permits shaU be re- 
turned to and filed by the teacher of said school, and shall be evidence of said 
permission. But a majority of the directors of the several districts may unite 
the -whole, or a part of each, into one, and place the school under the control 
of the [three] persons whom they may appoint, and who shall be styled "Direc- 
tors of Union School, in District No. , in Township No. ," who shall 

be a body pohtic and corporate, with fuU power to levy taxes in the territory 
composing the Union District, and with all other powers conferred by this act 
upon directors. 

§ 36. The board of trustees in each township in this state shall prepare, or 
cause to be prepared by the township treasurer, the clerk of the board, or other 
person, and forwarded to the school commissioners of the county in which the 
township lies, on or before the second Monday of October preceding each 
regular session of the general assembly of this state, and at such other times as 
may be required by the school commissioner, or by the state superintendent of 
public instruction, a statement, exhibiting the condition of schools in their re- 
spective townships for the preceding biemiial period, giving separately each 
year, commencing on the first Mondays of October and ending on the last of 
September; which statement shall be as follows: 1st. The whole number of 
schools w^hich have been taught in each year: what part of said number have 
been taught by males exclusively; what part have been taught by females ex- 



12 TRUSTEES OF SCHOOLS. 

clusively ; what part of said whole number have been taught by males and 
females at the same time, and what part by males and females at different 
periods. 2d. The whole number of scholars in attendance aW; all the schools, 
giving the number of males and females separately. 3d. The number of male 
and female teachers, giving each separately,; the highest, lowest and average 
monthly compensation jjaid to male and female teachers, giving each item sepa- 
rately. 4th. The number of persons under twenty-one years of age. 5th. The 
amount of the principal of the township fund ; the amount of the interest on the 
township fund paid into the township treasury ; the amount of state or common 
school fund received by the township treasurer; the amount raised by ad 
valorem tax, and the amount of such tax received into the township treasury, 
and the amount of all other funds received into the township treasury. 6th. 
Amount paid for teachers' wages ; the amount paid for school house lots ; the 
amount paid for building, repairing, purchasing, renting and furnishing school 
houses; the amount paid for school apparatus, for books and other incidental 
expenses for the use of school libraries; the amount paid as compensation to 
township officers and others. Ith. The whole amount of the receipts and expen- 
ditures for school purposes, together with such other statistics and imformation in 
regard to schools as the state superintendent or school commiss*ner may require. 

§ 37. In all cases where a township is or shall be divided by a county line 
or lines, the board of trustees of such township shall make, or cause to be 
made separate enumerations of male and female white persons of the ages as 
directed in the foregoing section of this act, designating separately the nmnber 
residing in each of the counties in which such township may he, and forward each 
respective number to the proper school commissioner of each of said counties; 
and in like manner, as far as practicable, aU other statistics and information 
enumerated and required to be reported in the aforesaid section, shall be sepa- 
rately reported to the several school commissioners; and aU such parts of 
said statistical information as are not susceptible of division, and are impracti- 
cable to be reported separately, shall be reported to the school commissioner of 
the county in which the sixteenth section of such township is situated. 

§ 38. At each semi-annual meeting, and at such other meetings as they may 
think proper, the said township board shall examine all books, notes, mortgages, 
securities, papers, moneys and effects of the corporation, and the accounts and 
vouchers of the township treasurer, or other township school officer, and shall 
' make such order thereon for their security, preservation, cbUection, correction 
of errors, if any, and for their proper management, as may seem to said board 
necessary. 

§ 39. The board of trustees of each township in the state may receive any 
gift, grant, donation or demise made for the use of any school or schools, or 
library, or other school purposes within their jurisdiction; and they shall be, 
and are hereby invested, in their corporate capacity, with the title, care and 
custody of all school houses and school house sites; but the supervision and 
control of them is expressly vested in the directors of each district in which 
said property is situated; and when, in the opinion of the school directors, the 
school house site has become unnecessary, or unsuitable, or inconvenient for a 
school, said board shall sell and convey the same in the name of the said board, 
after giving at least twenty days' notice of such sale, by posting up written or 
printed notices thereof, particularly describing said property and terms of sale, 
and such conveyance shall be executed by the president and clerk of said board, 
and the avails shall be paid over to the township treasurer for the benefit of said 
district; and all conveyances of real estate, which may be made to said board 
shall be made to said board in their corporate name, and to their successors in 
oiBce. "When any two or more districts shaU be consohdated into one, the new 
district shall own aU the corporate property of the several districts ; and when 
a district shall be divided, or a portion set off to another district, the funds, 
property, or the income and the proceeds thereof, ):>elonging to such district shall 
be distributed or adjusted among the several parts bytiie trustees of the town 
or towns to which such district belongs, and in a just and equitable manner. 



SCHOOL DIRECTOES. 13 

§ 40. The towTiship board shall cause all moneys for the use of the to'wnship 
to be paid over to the to-svnsliip treasurer. They shaU have power, also, to re- 
move the towushij) treasurer at any time, for any failure or refusal to execute 
or comply with any order or requisition of said board, legally made, or any 
other improper conduct in the discharge of his duty as treasurer, or at any time 
they may deem such removal expedient. They shall also have power, for any 
failure or refusal as aforesaid, to sue him upon his bond. 

§ 41. The township trustees are hereby vested with general power and 
authority to purchase real estate, if in their opinion the interests of the town- 
ship fund will be promoted thereby, in satisfaction of any judgment or decree 
wherein tlic .said board or school coramissioiiers are plaintiffs or complainants; 
and the title of such real estate so purchased shall vest in said board, for the 
use of the iuliabitants of said township, for school purposes; and all purchases 
of land heretofore made by school commissioners, or trustees of school lands, 
or trustees of schools, for the use of any fund or township for the use of 
schools, are hereby declared valid. The said board are hereby vested with 
general power and authority to make all settlements with persons indebted to 
them in their official capacity; -or receive deeds of real estate in compromise; 
and to caucel, in such manner as they may think proper, notes, bonds, mortgages, 
judgments and decrees, existing, or that may hereafter exist, for the benefit of 
the township, when the interest of said township or the fund concerned, shall, 
in their opinion, require it; and their action shall be valid. Said board of 
trustees are hereby authorized to sell or lease, at public auction, any land that 
may come into their possession, in such manner and on such terms as they shall 
deem for the interest of the township: Provided, that in aU cases of sale of land, 
as provided in this section, the sale shall be made at the same place, and notice 
given of it in the same manner as is provided in this act for the sale of the six- 
teenth section. 

SCHOOL DtRECTOES — THEIR ELECTION AND DUTIES. 

§ 42. The annual election of school directors shall be on the first Monday of 
AugiiSt, when one director shall be elected in each district, who shall hold his 
ofBcc for three years, and imtil his successor is elected. In new districts the 
first election may be on any Monday, notice being given by the township trea- 
surer, as for the election of trustees, when three directors shall be elected, who 
shall, at their first meeting, draw lots for their respective terms of office, for 
one, two, and three years. When vacancies occur, the remaining director or 
directors shall, without delay, order an election to fill such vacancies. Notices 
of all elections in organized districts shall be given by the directors, at least ten 
days previous to the day of said election. Said notices shall be posted in at 
least three of the most "public places in the district, and shaU specify the place 
where such election is to held, the time of opening and closing the polls and the 
question or questions to be voted on. Two of the directors shall act as judges 
and one as clerk of said election. But, if said directors shaU fail to attend, or 
refuse to act, when present, and in unorganized districts, the legal voters when 
assembled shall choose three of their number to act as judges, and one as clerk 
of said election: Pronded, that if upon the day appointed for said election, the 
said directors or judges shall be of opinion that, on account of the small 
attendance of voters, the public good requires it, or if the voters present, or a 
majority of them, shall desire it, they shall postpone said election until the next 
Monday, at the same place and hour, when the voters shall proceed as if it were 
not an adjourned meeting: And, provided, also, that if notice shall not have 
been given, as above required, then said election may be ordered as aforesaid, 
and holden on the third Monday in August, or any other Monday, notice thereof 
being given as aforesaid. In case of a tie the judges shall decide it, by lot, on 
the day of election. The directors shaU appoint one of their number clerk, 
who shall keep a record of all the official acts of the board, in a well bound 
book, provided for the purpose; which record shall be submitted to the town- 
ship treasurer, for his inspection and approval, on the first Mondays of April 



14 SCHOOL DIEECTOES. 

and October, and at such other times as the township treasurer may require. 
Directors are authorized to use any funds belonging to their district, and not 
otherwise appropriated, for the purcliase of a suitable book for their records, 
and the said records shall be kept in a punctual, orderly and reliable manner. 
No person shall be entitled to vote at any district election, on the question of 
raising monej^, unless he shall have resided in the district at least thirty days 
immediately preceding said election, nor unless he shaU have paid a tax in said 
district the preceding year, or shall have been assessed in such district for the 
year in which such election is held. After every election of directors, the 
judges shaU cause the poll book to be delivered to the townsbip treasurer, with 
a certificate thereon showing the election of said directors and names of the 
persons elected; which poll book shall be filed by the township treasurer, and 
shall be evidence of said election. If any trustee or director shall not be an 
inhabitant of the district or township which he represents, an election shall be 
ordered to fill the vacancy, and no person shall be at the same time a director 
and trustee, nor shall a director or trustee be interested in any contract made 
by the board of which he is a member. 

■ § 43. For the purpose of establishing and supporting free schools for six 
months, and defraying all the expenses of the same, of every description; for 
the purpose of repairing and improving school houses; of procuring furniture, 
fuel, libraries and apparatus; and for aU other necessary incidental expenses, 
the directors of each district shall be authorized to levy a tax, annually, upon 
all the taxable property of the district. They may also appropriate to the pur- 
chase of hbraries and apparatus, any surplus funds, after [all] necessary school 
expenses are paid. 

§ 44. At any meeting prior to the second Monday of September, annually, 
the directors of each district shall ascertain how much money must be raised 
by special district tax for school purposes during the ensuing year. They shall 
then find what rate per cent, this amount will require to be levied; which rate, 
togetlier with a list of the resident tax payers, shall be certified and returned to 
the clerk of the county court, on or before the second Monday of September. 
The certificate may be in the following form: 

" We hereby certify, that we require the rate of to he levied, for school purposes, on 

all the taxable property of our district, for the year 18 — . Given under our hands this 

dpy of , 18—. 

A. B. I Directors district No. , township 

C. D. y No. , rang-e No. , county 

E. F. ) of , and state of Illinois." 

The money thus raised shall be appropriated by the directors to the various 
objects for which it was intended. 

§ 45. According to the rate or rates certified as aforesaid, the said county 
clerk, when making out the tax books for the collector, should compute each 
taxable person's tax in said district, taking as a basis the whole amount of tax- 
able property returned by the county assessor for that year, lying and being in 
said district, whether belonging to residents or nonresidents, and also each and 
every tract of land assessed liy the assessor, which lies, or the largest part of 
which lies, in said district. TJie said county clerk shall cause each person's ta.x 
so computed to be set upon the tax book, to be delivered to the collector for 
that year, in a separate column, against each tax payer's name, or parcel of tax- 
able property, as it appears in said collector's book, to be collected in the same 
manner, and at tlie same time, and by the same persons, as state and county 
taxes are collected: Provided, the assessments so made in the years intervening 
between tlie regular biennial assessments of real estate as provided in the revenue 
acts, shall be based upon tlie tax payer's real estate as assessed at tlie regular bien- 
nial assessment. The computations of each person's tax, and tlic levy made by the 
clerk, as aforesaid, shall lie final and conclusive: Provided, further, also, the rate 
shall be uniform, and shall not exceed the rate certified by the board of direct- 
ors; and the said county clerk, befm-e delivering the tax book to the collector, 
shall make out and deliver, on demand, to each township treasurer, of the 
respective townships in the county, a certificate of tlie amount due each district 



* SCHOOL DIKECTORS. 15 

in his township, of said tax so levied and jDlaced npon the tax books ; and on or 
before the first day of April next after the dehvery of the tax books containing the 
computation and levy of said taxes aforesaid, or so soon thereafter as the township 
treasurer shall present the said certificate of the amount of said tax, and make a 
demand therefor, the said collector shaU pay to said township treasurer the full 
amount of said tax, so certified by the county clerk, retaining from said amount 
only two per centum, as his fees for collection, taking of the township treasurer his 
receipt therefor, which receipt shall be evidence, as weU in favor of the collector 
as against the township treasurer; and said treasurer shaU. enter the same in his 
books, under the proper heads, and pay the same out as provided for by this act. 
When a district is composed of i^arts of two or more to-\vnships, the directors 
shall determine and inform the collector in writing, imder their hands as direct- 
ors, which of the treasurers of the townships from wliich their district is formed 
shall demand and receive the tax money collected by the countj^ coUector as 
aforesaid. 

§ 46. If any collector shall fail to pay tiie amount of said tax, or any part 
thereof, as required in the aforesaid section, it shall be competent for the town- 
ship treasurer, or other authorized person, to proceed against such coUector and 
his securities in an action of debt in the county court; which court is hereby 
vested with full power and authority to hear and determine all such suits, render 
judgments and issue executions; or said suit may be brought in any other court 
having jurisdiction; and the said collector, so in default, shall pay twelve per 
centum upon the amount due, to be assessed as damages, which shall be included 
in the judgment rendered against him: Provided^ no collector shall be liable for 
such part of said tax as he shall be able to make appear he could not have col- 
lected by law, until he may be able to so coUect such amount. 

§ 41. "When a district lies in two or more counties, the directors shall return 
to the clerk of the county court of each county the names of the resident tax 
payers in each. The clerk of each county shall then furnish the directors the 
amount of the taxable property of the district, lying in his coimty, as returned 
by the assessor of the previous year. The directors shaU then determine and 
certify the rates to be levied, and return the certificates to the clerk of each 
county. For the purpose of building school houses or purchasing school sites, 
or for repairing and improving the same, the directors, by a vote of the people, 
may boiTOw money, issuing bonds executed by the officers or at least two mem- 
bers of the board, in sums of not less than one hundred dollars. But the rate 
of interest shall not exceed ten per cent., nor shall the suoi borrowed in any 
cue year exceed three per cent, of the taxable property of the district. Nor 
shall the tax levied in any one year for building a school house exceed two 
per cent, of said taxable property. 

§ 48. The directors of each district are hereby declared a body politic and 

coi'porate, by the name of " School directors of district No. , township No. 

, county of , and State of Ilhnois, ' ' and by that name may sue and be sued 

in all courts and places whatever. Two directors shall be a quorum for business. 
The directors shall be liable, as directors, for the balance due teacher.?, and for 
all debts legally contracted. They shall establish and keep in operation, for at 
least six months in each year, a sufficient number of free schools for all the 
children in the district, over the age of five and under twenty-one years. They 
may adopt all necessary rules and regulations for the management of the schools, 
and shall visit and inspect the same as often as practicable. They sliall appoint 
all teachers, fix the amount of their salaries, and may dismiss them for incompe- 
tency, cruelty, negligence or immorality. They may direct what branches shall 
be taught, and may suspend or expel pupiLs found guilty, on full examination, of 
refractory or incorrigibly bad conduct. No»school site shall be purchased, nor 
shall a scliool house be erected, located, purchased or changed, nor shall a tax 
be levied to extend schools beyond six months, without the consent of a majority 
o^ the votes cast at an election, the notice of wliich shall state the questions 

• bo (■'•"idcd. and shall be given as ro —■'■-r' — <-i"^ - ; -^t^ .--=-<-;.-, ,,f 



16 EXAMINATION OF TEACHERS. 

OF JUDGMENTS AND ESECUTIONS AGAINST BOARDS OF TRUSTEES OR SCHOOL 

DIRECTORS. 

§ 49. If judgment shall be obtained against any township board of trustees 
or school directors, the party entitled to the benefit of such judgment may liave 
execution tlierefor; as follows, to- wit: it shall be lawful for the court in which 
such judgment shall be obtained, or to which such judgment shall be removed, 
by transcrijDt or appeal from a justice of the peace or other court, to issue 
thence a writ, commanding the directors, trustees and treasurer of such town- 
shij) to cause the amount thereof, with interest and costs, to be paid to the party 
entitled to the benefit of said judgment, out of any moneys, imappropriated, of 
said townships; or if tliere be no such moneys, out of the first moneys applicable 
to the payment of tlie kind of services or indebtedness for which such judgment 
shall be obtained, which shall be received for the use of such township; and to 
enforce obedience to such writ by attachment, or by mandamus, requiring such 
board to levy a tax for the payment of said judgment; and all legal process, as 
well as writs to enforce payments of a judgment, shall be served either on the 
president or clerk of the board. 

EXAMINATION AND QUALIFICATION OF TEACHERS. 

§ 50. The school commissioner shall, either in person or by one or more 
competent examiners whom he shall appoint, examine any person proposing to 
teach a common school in the county, in orthograph}"-, reading in P]nglish, pen- 
manship, arithmetic, English grammar, modern geography, and the history of 
the United States, and if he or they shall be satisfied that such person is of good 
moral character, and qualified to teach aU of the aforesaid branches, he or they 
shall give such person a certificate, the grade of which shaU be determined by 
the relative merit of the examination sustained. School commissioners shall 
be authorized, by this act, to issue three grades of teachers' certificates, viz. : 
First Grade — valid in the county for two years: Second Grade — valid in the 
county for one j^ear: Third Grade — valid in a given district only, for six months. 
The commissioner may renew such certificate, at its expiration, by indorsement 
thereon, and he may revoke the same for gross immorality, incompetency or 
other adequate cause. Said certificate may be in the following form: 

— , _ Illinois,— — 18 — . 

Comity. 

The undersigned, having examined in orthography, reading in Englisfh, penman- 
ship, arithmetic, English grammar, modern geography, and the liistory of the United Statf.s. and 

being satisfied that is of good moral character, hereby certify that qualifications in 

all the above branches are such as to entitle to this certificate, being of tlie Ghaub, 

and valid in for from the date hereof — renewable at the option of the 

school commissioner, by his endorsement thereon. 

Given under hand, at the date aforesaid. A. B., School Commissioner. 

CD) 

J," p'' > Examiners. 

Bach school commissioner shall also keep a careful record, in a book provided 
for the purpose, of all the candidates to whom he issues certificates, noting the 
date of examination, the name, sex and age of each candidate, and the grade of 
the certificate granted — a transcript of which record shall be included in the 
annual report to the superintendent. The state superintendent of public instruc- 
tion shall also be and is hereby authorized to grant and issue state certificates of 
eminent qualifications as teachers, to such persons as may be found worthy to 
receive the same, upon due examination, by himself or others whom he shall 
appoint for that purpose, and who shall exhibit satisfactory evidence of practical 
experience and success in teaching. Said state certificates siiall supersede the 
necessity of any and all other examinations, and shall be of perpetual validity 
in every county and school district in the state; and the fee for each of such 
certificates shall lae five dollars. But a state certificate may be canceled by the 
state superintendent, upon proof of immoral or unprofessional conduct: Provided, 
that each and every school or schools, of whatever grade, established or author- 
ized to be established under the provisions of this act, shall be a school or 
schools for the purpose of teaching various, branches of an English education; 



I 



DUTIES OF TEACHEKa 



17 



and no part of the common school fund, township fund, or of any other school 
fund, shall be paid out or appropriated for the establishing, conducting, or the 
supporting in any manner of any other character or class of school or schools, 
as aforesaid designated: Provided, that notliing herein contained shaU prevent 
the teaching a foreign language in a common school, as aforesaid. 

§ 51. It shall be the duty of the school commissioner to fix upon the time 
of holding meetings for the examination of teachers, in such places in tlieir 
respective counties, as will, in their opinion, best accommodate the greatest 
number of candidates for examination; notice of all such meetings having been 
pubUshed in some newspaper of general circulation; and all teachers who do 
not attend at the appointed time for said examination, shall pay to the school 
commissioner one dollar for their certificate. 



TEACHERS — THEIR DUTIES. 

§ 52. ISTo teacher shall be entitled to any portion of the common school or 
township fund, or other pubhc fund, or be employed to teach any school under 
the control of any board of directors of any school district in this state, who 
shall not, before Ids employment, exhibit to said board, or to a committee of 
said board, a certificate of qualification obtained under the provisions of this 
act ; nor shall any teacher be paid any portion of the school or public fund 
aforesaid, unless he shall have kept and furnished schedules as herein directed. 

§ 53. Teachers shall make schedules of the names of ah scholars mider 
twenty-one years of age, attending their schools, in the form prescribed by this 
act; and when scholars reside in two or more districts, townships or counties, 
separate schedules shall be kept for each district, township or county, and the 
absence or presence of every scholar shaU be set down under the ijroper date, 
and opposite the name, on every day that school is open, and the absence of a 
scholar shall be signified by a blank — the presence by a mark. The schedule to 
be made ^d returned by the teacher shall be, as near as circumstances wiU 
permit, in me following form, viz. : 

SCHEDULE, of a common school kept by A B, at , in district nwnber , in towTuJiip 

number , range number , of the principal meridian, in the county of , in the 

State of Illinois. 



Names and ages of scholars at- 
tending my school, and resi- 
ding in district number — , in 
township — north, range — 
west, in — county. 


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00 

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Name. 


Age. 






13 
10 
16 
19 


14 




11 




^0 




19 







Grand total number of days 64 



Number of Scholars . 



Total. 



Average daily attendance. 



18 * TOWirSHIP TEEASUEEE. 

And the said teacher shall add up and set down the whole number of days' 
attendance of each scholar, and add up said whole numbers, and make out the 
grand total number of days' attendance. He shall also note the whole number 
of scholars, giving the males and females separately; the average daily attend- 
ance ; and shall set i'de age of each pupil opposite the name of said pupil, as in 
the form above prescribed, and shall attach thereto his certificate, which shall 
be in the following form, viz. : 

I certify that the foregoing schedule of scholars attending my school, as therein named, and 
residing as specified in said schedule, to the best of my knowledge and belief, is correct ; and 
that it was a school for the purpose of teaching various branches of an English education. 

A B, Teacher. 

"When the teacher shall have completed his or her schedule or schedules, as 
above required, he or she shall deliver it to some one of the directors, and it 
shall be the duty of said director, in connection with one other director of the 
board, to carefully examine such schedule or schedules, and, after correctiiig all 
errors, and if they shall find such schedule to have been kept according to 
law, they shall certify to the same, as near as practicable, in the following 
form, viz. : 



( 



State of Illinois, 
County. 

We, the undersigned, directors of , in township number , range number , 

in the county aforesaid, certify that we have examined the foregoing schedule, and find the same 
to be correct, and that tlie school was conducted according to law. That there is now due said 

D, teacher, as per contract, the sura of dollars and cents, and that the said 

teacher has a legal certificate of good moral character, and of qualification to teach a common 
school (or of such a grade as the case may be). 

Witness our hands, this day of , A. D. 186 — . 

^■^•'}t Directors. 

Which schedule or schedules, certified as aforesaid by at least two directors, 
shall be filed by said directors with the township treasurer ; and until such, 
schedule and report, as aforesaid, shall have been filed as aforesaid, it shall not 
be lawful for said treasurer to pay said teacher, or any two members thereof to 
draw an order in favor of said teacher. 

§ 54. School directors shall certify no schedule that reaches back to a time 
more than six months from the time fixed by law for the regular return and 
presentation of schedules to the school directors. Sfchedules made and certified, 
as afosesaid, shaU, at least two days before the first Monday in April and 
October, be delivered by the directors to the township treasurer. 

TOWNSHIP TREASURER — HIS DtTIES. 

§ 55. The township treasurer appointed by the board of trustees, shall, before 
entering upon his duties, execute a bond, with two or more free holders, who 
shall not be members of the board, as securities, payable to the board of the 
township for which he is appointed treasurer, with a sufficient penalty to cover 
all liabilities which may be incurred, conditioned faithfully to perform all the 

duties of township treasurer, in township , range , in 

county, according to law. The security shall be approved by at least a majority 
of the board, and shall be delivered by one of the trustees to the school com- 
missioner of the proper county. And in all cases where such treasurer afore- 
said is to have the custody of all bonds, mortgages, moneys and eflects denom- 
inated principal, and belonging to the township for which he is appointed 
treasurer, the penalty of said treasurer's bond shall be twice the amount of 
; said bonds, notes, mortgages, moneys and efiects. And every township treasurer 
appointed subsequent to the first, as herein provided, shall execute a bond, with 
security, as is required of the first treasurer. The bond required in this section 
shall be in the following form, viz. : 



TOWNSHIP TREASUEEE. 



19 



Statb of Illisois, ) 
. County. ) 

know all men by these presents, that we, A. B., C. D. and E. F., are held and firmly bound, 

jointly and severally, unto the board of , in said county, in the penal sum of dollars, 

for the payment of which we bind ourselves, our heirs, executors and administrators, firmly by 

these presents. In witness whereof, we have hereunto set our hands and seals, this day 

of , A. D. 13— . 

The condition of the above obligation is such, that if the above bounden A. B., township treas- 
urer of township , range , in the county aforesaid, shall faithfully discharge all the 

duties of said office according to the laws which now are, or may hereafter be in force, and shall 
deliver to his successor in office all moneys, books, papers, securities and property in his 
hands as such township treasurer, then this obligation to be void, otherwise to remain in full force 
and vii'tue. 

A. B. [seal.] 
C. D. [seal.] 

E. P. [SEAL.l . 

Approved and accepted by 

G. H., 
I. " 



G. H., 1 
I. J., V 
K. L., j 



Tncstees. 



§ 56. Every township treasurer skall provide himself with two well bound 
books, the one to be called a cash book, the other a loan book. He shall charge 
himself in the cash book with all moneys received, stating the charge, when, 
from whom and on what account received; and credit himself with all moneys 
paid or loaned, the amount loaned, the date of the loan, the rate of interest, the 
time when payable, the name of the securities, or, if real estate be taken, a 
description of the same. He shall also enter, in separate accounts, moneys re- 
ceived and mone.ys jjaid out, charging the first to debit account, and crediting 
the latter as follows, to wit: 1st. The principal of the township fund, when 
paid in and when paid out. 2d. The interest of the township fund, when re- 
ceived and when paid out. 3d. The common school fund, and other funds, 
when received from the scliool commissioner, and when paid out. 4th. The 
taxes received from the /county collector, distinguishing between that for general 
school purposes and that levied for the purpose of prolonging schools. 5th. 
Donations received. 6th. Moneys coming from all other sources; and in aU 
cases entering the date when received and when paid out; and he shall also 
arrange and keep his books and accounts in such other manner as maybe directed 
by the state or county superintendent, or the board of trustees. He shall also 
provide a book, to be caUed a journal, in which he shall record fully and at 
length the acts and proceedings of the board, their orders, by-laws and resolu- 
tions; which book shall be at all times subject to the inspection of said board, 
or other persons authorized by this act, or of any committee appointed by the 
inhabitants of the township to examine the same. And he shall also provide a 
bo*k, to be called a record, in which ke shall enter a brief descrijation of aU 
notes or bonds belonging to the township, and itpon the opposite page he shall 
note down when paid, or any remarks to show where or in what condition it is, 
as in the following form, viz. : 



Makers' 
names. 


Date of note. 


When due. 


Amount. 


Remarks. 


AB, CD,EF. 


January 1st, 
185-. 


January let, 
185-. 


$90 00 


January 6, 185-, handed to 
I J, Esq., for collection (or 
Jan. 6, 185-, paid). 



§ 57. The township treasurers shall loan, upon the following conditions, all 
moneys which shall come to their hands by virtue of their office, except such as 
may be subject to distribution. The rate of interest shall be ten per centum per 
annum, payable half yearly in advance. The time for which loans shall be made 
shall be not less than six months nor more than five years. For all sums not 



20 TOWNSHIP TEEASTJEEB. 

exceeding one hundred dollars, loaned for not more than one year, two respons- 
ible securities shall be given ; for all sums over one hundred dollars and for all 
loans for more than one year, security shall be given by mortgage on real estate, 
unincumbered, in value double the amount loaned, with a condition that in case 
additional security shall at any time be required, the same shall be given to the 
satisfaction of the board of trustees for the time being. Notes, boiids, mort- 
gages and other securities taken for money or other property, due or to become 
due to the board of trustees for the township, shaU be payable to the said board 
by their corporate name; and in such name, suits, actions and complaints, and 
every description of legal proceedings, may be had for the recovery of money, 
the breach of contracts, and for every legal liability which may at any time 
arise or exist, or upon which a right of action shall accrue to the use of this 
corporation: Provided, however, that notes, bonds, mortgages and other securities 
in which the name of the school commissioner, or of the trustees of schools, are 
inserted, shall be valid to ah intents and purposes; and suit shall be brought in 
the name of the board of trustees as aforesaid. The wife of the mortgager (if 
he has one) shall join in the mortgage given to secure the payment of money 
loaned by virtue of the provisions of this act. 

§ 58. Mortgages to secure the payment of money loaned under the provisions 
of this act may be in the following form, viz. : 

I, A. B., of the county of , and state of , do hereby gi'ant, convey and transfer to 

the board of trustees of township , range , in the county of , and jStute of 

Illinois, for the use of the inhabitants of said township, the following described real estate, to 
wit : (Here insert jiremises.) Wliich real estate 1 declare to be in mortgage for the payment of 

dollars loaned to me, and for the payment of all interest that may accrue thereon, to be 

computed at the rate of per cent, per annum until paid. And I do hereby covenant to 

pay the said sum of money in years from the date hereof, and to pay interest on the same 

at the rate aforesaid half yearly in advance. I further covenant that I have a good and valid 
title to said real estate, and that the same is free from all incumbrance ; and that I will pay all 
taxes and assessments which may be levied on said estate; and that I will give anj' additional 
securitj' that may at any time be required by said board of trustees; and if said estate be sold 
to pay said debt, or any pai-t tliereof, or for any failure or refusal to comply with or perform the 
conditions or covenants herein contained, I will deliver immediate possession of the premises; 
and in consideration of the premises, C, wife of said A. B., doth hereby release to the said board 
all her right and title of dower, in the afore-granted premises, for the purposes aforesaid. 

In testimony whereof we have hereunto set our hands and seals this day of , 18 — . 

A. B., [seal.] 
C. D., [seal.] 

Which mortgage shall be acknowledged and recorded, as is required by law 
for other conveyances of real estate, the mortgager paying the expenses of ac- 
knowledgment and recording, and flinty cents as a fee to the township treasurer. 

§ 59. Upon the breach of any condition or stipulation contained in said mortgage, 
anaction may be maintained and damages recovered as upon other covenants ; but 
mortgages made in any other form to secure payment as aforesaid shall be vahd 
as if no form had been prescribed. In estimating the value of real estate mort- 
gaged to secure the payment of money loaned under the provisions of this law, 
the value of improvements liable to be destroyed shah not be included. 

§ 60. In all cases where the board of trustees shah require additional security 
for the payment of money loaned, and such security shah not be given, the 
township treasurer shall cause suit to be instituted for the recovery of the same, 
and all interests thereon, to the date of judgment: Provided, that proof be made 
of the said requisition. In the payment of debts by executors and administrators, 
those due the common school or township fund shall have a preference over aU 
other debts, except funeral and other expenses attending the last sickness, not 
including the physician's bih. And it shah be the duty of the township treasurer 
to attend at the ofBce of the probate justice upon the proper day, as other 
creditors, and have any debts due as aforesaid probated and classed, to be paid 
as aforesaid. 

§ 61. If default be made upon the payment of interest due upon money 
loaned by any school commissioner or township treasurer, or in the payment of 
the principal, interest at the rate of twelve per cent, per annum shall be charged 
upon the principal and interest from the day of default, which shaU be included 



SCHOOL FUNDS. 21 

in the assessment of damages, or in the judgment in suit or action brought upon 
the obhgation to enforce payment thereof; and interest as aforesaid may be 
recovered in action brought to reco%'er interest only. And the said township treas- 
urers are liereby empowered to bring appropriate actions, in the name of the 
board of trustees, for the recovery of the half yearly interest, when due and 
unpaid, without suing for the principal, in whatever form secured, and justices 
of the peace shall have jurisdiction in such cases of all sums under one hundred 
doUars. 

§ 62. All suits brought, or actions instituted under the provisions of this act, 

may be brought in the name of the " Board of Trustees of township , range 

," except as is provided for action qui tarn in this act, or in favor of school 

commissioners. The township treasurer shall demand, receive and safely keep, 
according to law, aU moneys, books and papers of every description belonging 
to his township. He shall keep the township fund loaned at interest; and if on 
the first Monday of October in any year there shall be any intei*st or other funds ' 
on hand which shah not be required for distribution, such amount not required, 
as aforesaid, may, if the board of trustees see proper, forever be considered as 
principal in the funds to which it belongs, and loaned as such. 

§ 63. On the first Mondftys of April and October, of every year, the town- 
shiij treasurer shall lay before the board of trustees a statement, showing the 
amount of interest, rents, issues and profits that have accrued or become due 
since their last regular half yearly meeting on the township lands and township 
funds, and also the amount of state and county fund interest on hand. He shall 
also lay before the said trustees ah. books, notes, bonds, mortgages, and aU other 
evidence of indebtedness belonging to the township, for the examination of the 
trustees, and shall make such other statement as the board may require touching 
the duties of his office. 

§ 64. For any failure or refusal to perform all the duties required of township 
treasurer by law, he shall be liable to the board of trustees upon his bond, to 
be recovered by action of debt by said board, in their corporate name, for the 
use of the proper township, before any court having jurisdiction of the amount 
of damages claimed; but if said treasurer, in any such failure or refusal, acted 
under and in conformity to a requisition or order of said board or a majority of 
them, entered upon their journal and subscribed by their president and clerk, 
then and in that case the members of the said board aforesaid, or those of them 
voting for said requisition or order as aforesaid, and not the treasurer, shaU be 
liable, jointly and severaUy, to the inhabitants of the township, to be recovered 
by action of assumpsit, in the official name of the school commissioner, for the 
use of the proper township. 

§ 65. When a township treasurer shall resign, or be removed, and at the 
expiration of this term of office, he shall pay over to his successor in office all 
money on hand, and dehver over all books, notes, bonds, mortgages, and all 
other securities for money, and all papers and documents of every description, 
in which the corporation may have any interest whatever ; and in case of the 
death of the township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section. And for any failure to comply 
with the requisitions of this section, he shall be liable to a penalty of not less 
than ten nor more than one hundred dollars, at the discretion of the court befoi-e 
which judgment may be obtained; and the obtaining or payment of said judg- 
ment shall in no wise discharge or diminish the obhgation of his official bond. 

TOWNSHIP Airo COUNTY SCHOOL FUNDS. 

§ 66. All bonds, notes, mortgages, and other evidences of indebtedness, 
moneys and eftects, in the hands of any school commissioner, trustee of schools, 
townsliip treasurer, or other officer, or person, and belonging to any county or 
township, and which have heretofore accrued, or may hereafter accrue from 
the sale of the sixteenth section, or of the common school lands of any township 
or county, or for the sale of any real estate or other property taken for any debt, 
or on any judgment, due to the principal of any county or township fund, and 



22 SCHOOL FUNDS. 

all surplus interest and other funds which have been or shall hereafter he carried 
to and made part of the principal of any township or county funds, by any law 
which has heretofore been or may hereafter be enacted, in the hand of any 
county, township or other officer or person, and belonging to any county or 
townsliip, and all sums arising from the loaning or reloaning of the principal of 
any township or county fund, are hereby declared to be and shall forever here- 
after constitute the principal of the township or comity fund, to which it may 
respectively belong, and no part thereof shall ever be distributed or expended 
for any purpose wliatever, except the interest, rents and profits thereof, but shall 
be loaned out, and held to use, rent or profit, as herein, heretofore or may 
hereafter be provided by law. 

§ 67. School funds coUected from taxes levied by the orders of the directors, 
or from the sale of property belonging to any district shall be paid out on the 
order of the directors; and all moneys and school funds, liable to distribution, 
not being principal, paid into the township treasury, or coming into the hand 
of the township treasurer, shaU be paid out only on the order of the proper 
board, signed by a majority of the board, or their president and clerk; and for 
all payments made, receipts shah be taken and filed; and in all such orders shall 
be stated the purpose for which or on what account, drawn ; and all such orders 
may be in the foUowing form, to wit: 

The treasurer of township number , range number , in county, will pay to 

or bearer, dollars and cents, (on his contract for repau-ing school 

house, or otherwise, as the case may be). By order of the board of said township. 

0. D., Clerk. A. B., President. 

"Which, together with the receipt of the person to whom paid, shall be filed 
in the ofiice of the township treasurer. 

COMMON SCHOOI. FUNDS. 

§ 68. The common school fund of this state shall consist of such sum as wiU 
be produced by the annual levy and assessment of two mills upon each dollar's 
valuation of all the taxable property in the state; and there is hereby levied and 
assessed, annually, in addition to the revenue for state purposes, the said two 
mills upon each dollar's valuation of aU the taxable property in the state, to be 
collected and paid, and the amount due from the state, according to a statement 
and settlement of the account between the state and that fund, under the provi- 
sions of an act, entitled " An act to provide for the distribiition and application 
of the interest on the school, college and seminary fund," approved on the 
seventh of February, one thousand eight hundred and thirty-five, and of aU 
funds which have been or may be received by the state from the United States, 
for the use and support of common schools; and also of the money added to the 
common school fund, w.hich was received from the United States under an act 
of congress providing for the distribution of the surplus revenue of the United 
States, and which was invested in bank stock by aTithority of the state, and of 
the amount added to the school fund under an act requiring the three per cent, 
fund to be invested in state bonds: Provided, that in cases where, heretofore, the 
state taxes have not been coUected in any county, such coimty shall not be en- 
titled to a distribution of the college, seminary and school fund, for the period 
of time that no such taxes' have been collected, and that the portion of the fund 
aforesaid shall in such cases be distributed without regard to such county. 

§ 69. The state shall pay an interest of six per cent, per annum upon the 
amount of the aforesaid common school funds, except on so much thereof as"* 
may be realized from the levy of the tax directed to be levied under the provi- 
sions of this act, which shall be paid annually, and applied to the support of 
common schools, as herein provided. The state shaU also pay, as aforesaid, and 
at the same time an interest of six per centum per annum upon the amoi;nt due 
the college and seminary fund; which interest shall be loaned to the common 
school fund, and known in this law and apphed in all cases as interest on the 
common school fund as aforesaid. 



COMPEIfSATIOif OF OPFICERS. 23 

§ 10. On the first Monday in January, in each and every year after taking 
the census of the state, the auditor of public accounts shall, under the super- 
vision of the commissioners of the school fund of the state, ascertain the number 
of white children in eacli county in the state under twenty years of age, and 
shall thereupon malve a dividend to each county of two-thirds the sum from the 
tax levied and collected under the provisions of the sixty-eighth section of this 
act; and the interest due on the school, college and seminary fund, in proportion 
to the number of white children in each county imder the age aforesaid, and of 
the remaining one-tliird, in proportion to the number of townships and parts of 
townships in each county, and issue his Avarrant to the school commissioner of 
each county upon the collector thereof. And upon presentation of said warrant 
by the school commissioner to the collector of his county, said coUector or 
treasurer shaU pay over to the school commissioner the amount of said warrant 
out of the first specie funds which may be collected by him, and not otherwise 
appropriated by law, taking said commissioner's receipt therefor; and on settle- 
ment with the auditor, said coUector shaU be credited with the amount specified 
in said receipt, in the same manner as if it had been paid into the treasury. 
Dividends shaU be made as aforesaid, according to the proportions ascertained 
to be due to each county annually thereafter, until another census shall 
have been taken, and then dividends shall be made and continued as aforesaid, 
according to the last census : Provided, that if any coUector shaU fail or refuse 
to pay, in gold or silver, the amount of the aforesaid warrant, or any part thereof, 
by the first day of March annuaUy, or so soon thereafter as it may be presented, 
it shaU be competent for the school commissioner to proceed against said col- 
lector and his securities, in an action of debt, in the county court ; which court is 
hereby vested with full power and authority to hear and determine all such suits, 
render judgment and issue execution; or said suit may be brought in any court 
having jurisdiction; and the said coUector shall pay twelve per centum, to be 
assessed as damages, upon the amoimt due, and which shaU be included in the 
judgment obtained against him. 

COMPEXSATION OP OFFICERS. 

§ 11. Collectors of the two miU tax, authorized under section sixty-eight of 
this act, shall only be entitled to two per cent, on the amount coUected by them. 
School commissioners shaU be allowed to retain out of the township funds of the 
township for which the services may be rendered, three per cent, upon the 
amount of sales of school lands, &i}d upon the real estate taken for debt, for 
their services in making such sales, including such other services connected 
therewith, as are required by the provisions of tliis act, and two per cent, they 
may retain upoa the amount of aU sums distributed, paid or loaned out by them 
for the support of schools. And for their services in visiting schools, and the 
other duties required in the twentieth section of this act, school commissioners 
shaU be aUowed to retain two dollars per day for any number of days not ex- 
ceeding one hundred in any one year, which account shall be certified and sworn 
to by the school conunissioner. County courts and boards of supervisors 
are also hereby authorized to make appropriations out of the county treas- 
ury to school commissioners for visiting schools and other educational services, 
and also for the support of county teachers' institutes, whenever, in their 
judgment, the interests of the schools and the public good would thereby be 
promoted. 

§ 12. Township treasurers shall be allowed to retain two per cent, upon all 
sums paid out or loaned by them ; including moneys raised by virtue of any dis- 
trict tax; but they shall not retain the said two per cent, unless the money is 
actually paid in and reloaned to another person: And, provided also, that county 
treasurers shaU not be entitled to any commissions upon school taxes coUected 
and paid over to them by county or township collectors: And it is provided further, 
that the board of trustees may reduce said treasurer's compensation; and said 
boards shaU, and it is hereby made their duty to make a reasonable allowance 
to said treasurers for their services performed as clerks of said boards, to be paid 



24 LIABILITIES OF OFFICERS. 

out of the township funds. School commissioners, trustees of schools, school 
directors, and all other school officers, shall be exempted from working on the 
roads, serving on juries and military duty. 

LIABILITIES OF OFFICEES. 

§ 13. If any school commissioner, trustee of schools, township treasurer, 
director, or any other person entrusted with the care, control, management or 
disposition of any school, college, seminary, or township fund for the use of any 
countj'', township, district or school, shall convert any such funds, or any portion 
thereof, to his own use, he shall be liable to indictment, and upon conviction, 
shall be fined in not less than double the amount of money converted, and im- 
prisoned in the county jail not less than one nor more than twelve months at the 
discretion of the court. 

§ 14. Trustees of schools shall be hable, jointly and severally, for the suffi- 
ciency of securities taken from township treasurers ; and in case of judgment 
against said treasurers and their securities, for or on account of any default of any 
such treasurer, on which the money shall not be made for want of sufficient 
property whereon to levy execution, actions on the case may be maintained 
against said trustees jointly or severally, and the amount not collected on said 
judgment shall be recovered with costs: Provided, that if said trustees can 
show, satisfactorily, that the seciu'ity taken from the treasurer as aforesaid 
was, at the time of said taking, good and sufficient, they shaU not be liable as 
aforesaid. 

§ 15. The real estate of school commissioners, of township treasurers, and 
all other school officers, and of the securities of each of them, shall be bound 
for the satisfaction and payment of all claims and demands against said commis- 
sioners and treasurers, and other officers, as such, from the date of issuing pro- 
cess against them, in actions or suits brought to recover such claims or demands, 
until satisfaction thereof be obtained ; and no sale or alienation of real estate by 
any commissioner, treasurer or other officer, or security aforesaid, shaU defeat 
the lien created by this section, but all and singular such real estate held, owned 
or claimed as aforesaid, shall be liable to be sold in satisfaction of any judgment 
which may be obtained in such actions or suits. 

§ 16. Trustees of schools, or either of them, failing or refusing to make re- 
turns of children in their township, according to the provisions of this act, or if 
either of them shall knowingly make a false return, the party so offending shall 
be liable to a penalty of not less than ten dollars nor more than one hundred 
dollars, to be recovered by an action of assumpsit, before any justice of the peace 
of the county; which penalty, when collected, shaU be added to the township 
fund; and if any school commissioner, director, or trustee, or either of them, 
or other officer whose duty it is, shall negligently or wilfully fail or refuse to 
make, furnish or communicate the statistics and information, or shall fail to dis- 
charge the duties enjoined upon them, or either of them, at the time and in the 
manner required by the provisions of this act, such delinquent or party offending 
shall be liable to a fine of twenty-five dollars, to be recovered before any justice 
of the peace, on information, in the name of the people of the state of Illinois, 
and when collected shall be paid to the school commissioner of the proper county, 
for the use of schools. 

§ 11. School commissioners, trustees of schools, directors and township 
treasurers, or either of them, and any other officer having charge of school 
funds or property, shall be responsible for aU losses susta 'ned by any county, 
township or school fund, by reason of any failure on his or their part to perform 
the duties required of him or them by this act, or by any rule or regulation 
authorized to be made by this act; and each and every of the officers aforesaid 
shall be liable for any such loss sustained as aforesaid, and the amount thereof 
may be recovered, in a civil action before any court having jurisdiction thereof, 
at the suit of the state of Illinois, for the use of the county, township or fund in- 
jured ; and the amount, when collected, shall be paid to the proper officer, for the 
benefit of said county, township or fund injured. 



COMMON" SCHOOL LANDS. 25 

COSTS, TENURE OF OFFICERS ASTD CONTRACTS UNDEE FORMER LAWS. 

§ 18. No justice of the peace, probate justice, constable, clerk of any court, 
or sheriff, shall charge any costs in any suit where any agent of any school fund, 
suing for the recovery of the same, or any interest due thereon, is plaintiff, and 
shall be, from any cause, unsuccessful in such suit. School commissioners ap- 
pointed heretofore shall continue in office until superseded, according to the pro- 
visions of this act, and their duties, responsibilities and powers shall be governed 
by the provisions herein named. Trustees of school lands heretofore appointed, 
and trustees of schools heretofore elected, shaU also continue to discharge the 
duties of their office until trustees of schools are elected under the provisions 
of this act. Townships heretofore incorporated shall, without any further action 
or proceeding, be considered as incorporated under the provisions of this act, 
and the trustees and other officers shall continue to discharge their duties till 
suspended by appointment or election under this law; and aU school directors 
and officers heretofore appointed shall continue in office until superseded by the 
election, as provided in this act, and shah be governed by the provisions of the 
laws heretofore in force, unless otherwise directed by this act. Leases of school 
lands shah remain valid, and be executed according to the laws under which 
they were made. Common school lands, valued and offered for sale and remain- 
ing unsold, shaU be sold upon terms prescribed by this act. All taxes levied 
and contracts made under the laws hereby repealed, shall remain valid, and all 
rights, remedies, defenses and causes of action existing, or which may hereafter 
exist or arise, under or by virtue of said repealed laws, shall continue and remain 
valid, and shall be enforced, notwithstanding the repeal of said laws, unless 
canceled according to the provisions of this act. 

OF CITIES AND INCORPORATED TOWNS. 

§ 19. This act shall not be so construed as to repeal or change, in any respect, 
any special acts in relation to schools in cities or incorporated towns, except that 
it shall be the duty of the several boards of education or other officers of any 
city or incorporated town, having in charge schools under the provisions of any 
of the said special acts, or of any ordinance of any city or incorporated town, 
on or before the second Monday of October preceding each regular session of 
the general assembly of this state, or annually, if required so to do by the state 
superintendent, to make out and render a statement of aU such statistics and 
other information in regard to schools, and the enumeration of children or white 
persons, as required to be communicated by township boards of trustees or 
directors under the provisions of this act, or so much thereof as may be appli- 
cable to said city or incorporated town, to the school commissioner of "the county 
where such city or incorporated town is situated, or of the county in which the 
larger part of said city or town is situated; nor shall it be lawful for the county 
school commissioner or any other officer or person to pay over any portion of 
the common school fund to any local treasurer, school agent, clerk, board of 
education or other officer or person of any township, city or incorporated town, 
unless a report of the number of children or white persons, and other statistics 
relative to schools, and a statement of such other information as are required 
of the boards of trustees or directors, as aforesaid, and of other school officers 
and teachers under the provisions of this act, shall have been filed at the time 
or times aforesaid, specified in this section, with the school commissioner of the 
proper county, as aforesaid. 

§ 80. In townships in which there shall be persons of color, the board of 
trustees shall allow such persons a portion of the school fund equal to the amount 
of taxes collected for school purposes from such persons of color in their respect- 
ive townships. 

COMMON SCHOOL LANDS.' 

§ 81. Section number sixteen in every township granted to the state by the 
United States for the use of schools, and such sections and parts of sections aa 



26 COMMON SCHOOL LANDS. 

have been or may be granted as aforesaid, in lieu of all or part of section 
number sixteen, and also the lands which have been or may be selected 
and granted as aforesaid, for the use of schools, to the inhabitants of fractional 
townsiiips in whicli there is no section number sixteen, or which sucli section 
shall not contain the proper proportion for the use of schools in such fractional 
townships, shall be held as common school lands; and the provisions of this 
act referring to common school lands shall be deemed to apply to the lands 
aforesaid. 

§ 82. All the business of such townships, so far as relates to common school 
lands, shall transacted in that county which contains all or a greater portion of 
said lands. If any person shall, witliout being duly authorized, cut, fell, box, 
bore, destroy or carry away any tree, sapling or log standing or being upon any 
school lands, such person shall forfeit and pay for every tree, sapling or log so 
felled, boxed, bored, destroyed or carried away, the sum of eight doUars; 
which penalty shall be recovered, with costs of suit, by an action of debt or 
assumpsit, before any justice of the peace having jurisdiction of the amount 
claimed, or in the county or circuit court, either in the corporate name of the 
board of trustees of the township to which the land belongs, or by action of 
qui tarn, in the name of any person who will first sue for the same — one-half for 
the use of the person suing, the other half to the use of the township aforesaid. 
"When two or more persons shaU be concerned in the same trespass, ttiey shaU 
be jointly and severaUy liable for the penalty herein imposed. Every trespasser 
upon common school lands shaU be liable to indictment, and, upon conviction, 
fined in three times the amoimt of the injury occasioned by said trespass, and 
shaU stand committed as in other casfes of misdemeanor. All penalties and fines 
collected under the provisions of this section shall be paid to the township 
treasurer, and be added to the principal of the township fund; and all other 
■ fines, penalties and forfeitures imposed or incurred in any of the circuit courts 
of this state, or collected by justices of the peace or other county officers, ex- 
cept fines collected in incorporated towns or cities for the violation of the by- 
laws or ordinances of said towns or cities, shall be paid to the school commis- 
sioner of the county where such fines, penalties and forfeitures have been 
coUected, and the same shall be distributed by said commissioner in the same 
manner as the common school funds of the state are distributed ; and if any 
county officer or justice of the peace aforesaid shall fail or refuse to pay as 
aforesaid, after collection, such officer or justice of the peace, so failing or 
refusing to pay as aforesaid, shall forfeit and pay double the amount of such fine, 
penalty or forfeiture as aforesaid, collected by him, to be recovered before any 
court having jurisdiction, in a civil action, at the suit of the school commissioner. 

SALE OP COMMON SCHOOL LANDS. 

§ 83. "When the inhabitants of any township or fractional township shall 
desire the sale of the common school land of the township or fractional town- 
ship, they shall present a petition to the school commissioner of the county in 
which the school lands of the township, or the greater pai-t thereof, lie, for the ' 
sale thereof ; which petition shall be signed by at least two-thirds of the white 
male inhabitants of the township or fractional township, of and over twenty-one 
years of age. The signing of the petition must be in the presence of two 
citizens of the township, after the true meaning thereof shaU have been ex- 
plained; and when signed, an affidavit shall be affixed thereto by the two 
citizens, proving the signing in the manner aforesaid, and stating the number of 
white male inhabitants in the township or fractional township, of and over 
twenty-one years of age; and said petition, so proved, shall be delivered to the 
school commissioner for his action thereon: Provided, that no whole section 
shall be sold in any township containing less tlian two hundred inhabitants; and 
common school lands in fractional townships may be sold when the number of 
inhabitants and number of acres are in the ratio of two himdred to six hundred 
and forty, but not before. 



; COMMON SCHOOL LANDS. 27 

g 84. When the petitioa and afSdavits are dehvered to the school commis- 
sioner as aforesaid, he shall notify the trustees of said township thereof, and said 
trustees shaU immediately proceed to divide the land into tracts or lots of such 
form and quantity as will produce the largest amount of money; and after 
makino- such division, a correct plat of the same shall be made, representing aU 
divisions, with each lot numbered and defined, so that its boundaries maj'- be 
forever ascci'tained. Said trustees shall then fix a value on each lot, having 
regard to the terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, and referring to and 
describing the lot in the certificate, so as fully and clearly to distinguish and 
identity each lot; which jjlats and certificate shall be delivered to the school 
commissioner, and shall govern him in advertising and selling said lands. 

§ 85. In subdividing common school lands for sale, no lot shall contain more 
than eight.y acres, and the division may be made into town or village lots, with 
roads, streets or alleys between them and through the same; and all such 
divisions, with all similar divisions hereafter made, are hereby declared legal, 
and all such roads, streets and alleys, public highways. 

§ 86. The terms of selling common school lands shall be to the highest 
bidder, for cash, with the privilege to each purchaser of borrowing from the 
school commissioner the amount of his bid for any period not less than one or 
more than five years, upon his paying interest and giving security, as in case of 
money loaned by township treasurer, as provided in this act. 

§ 87. The place of selling common school lands shall be at the conrt house 
of the county in which the lands are situated; or the trustees of schools may 
direct the sale to be made on the premises; and upon the reception by the school 
commissioner of the plat and certificate of valuation from the trustees, he shall 
proceed to advertise the said land for sale, in lots, as divided and laid ofi" by 
said trustees, by posting notices thereof in at least six public places in the county 
forty days next anterior to the day of sale, describing the land, and stating the 
time, terms and place of sale; and if any newspaper is published in said county, 
said advertisement shall be printed therein for four weeks before the day of 
sale — if none, then it shall be sold under the notice aforesaid. 

§ 88. Upon the day appointed, the school commissioner shall proceed to make 
sales as follows, viz. : He shall begin at the lowest number of lots and proceed 
regularly to the highest, till all are sold or offered. No lot shall be sold for less 
than its valuation by the trustees. Sales shall be made between the hours of 
ten o'clock, a. m. , and six o'clock, p. M. , and may continue from day to day. 
The lots shall be cried separately, and each lot cried long enough to enable any 
one present to bid who desires it. 

§ 89. Upon closing the sales each day, the purchasers shall each pay or se- 
cure the payment of the purchase money, according to the terms of sale ; or in 
case of his failure to do so by ten o'clock the succeeding day, the lot purchased 
shall be again offered at public sale, on the same terms as before, and if the val- 
uation or more shall be bid, shall be stricken off ; but if the valuation be not 
bid, the lot shall be set down as not sold. If the sale is or is not made, the 
former purchaser shall be required to pay the difference between his bid and the 
valuation of the lot; and in case of his failing to make such payment, the school 
commissioner may forthwith institute an action of debt or assumpsit, in his 
name, as commissioner, for the use of the inhabitants of the township where 
the land lies, for the required sum; and upon making proof, shall be entitled to 
judgment, with costs of suit; which, when collected, shall be added to the 
principal of the township fund. And if the amount claimed does not exceed one 
hundred dollars, the suit may be instituted before a justice of the peace; but if 
more than that sum, then in the circuit court of any county wherein the party 
may be found. 

§ 90. All lands not sold at public sale, as herein provided for, shall be subject 
to sale at any time thereafter, at the valuation; and school commissioners are 
authorized and required, when in their power, to sell all such lands at private 
sale, upon the terms at which they are offered at pubhc sale. 



28 COMMON SCHOOL LANDS. 

§ 91. In all cases where common scliool lands have been heretofore valued, 
and have remained unsold for two years, after having been offered for sale, or 
shall hereafter remain unsold for that length of time, after being valued and 
offered for sale in conformity to this act, the trustees of schools where such 
lands are situated may vacate the valuation thereof, by an order to be entered 
in book A of the school commissioner, and cause a new valuation to be made, 
if in their opinion the interests of the town will be promoted thereby. They 
shall malvc said second valuation in the same manner as the first was made, and 
shaU deliver to the school commissioner a plat of such second valuation, with 
the order of vacation, to be entered as aforesaid; whereiipon said scliool com- 
missioner shall proceed in selling said lands in all respects as if no former valua- 
tion had been made: Provided^ that the second valuation may be made by the 
trustees of schools, without petition as provided in this act. 

§ 92. Upon the completion of every sale by the purchaser, the school com- 
missioner shall enter the same on book B, and shall deliver to the purcliaser a 
certificate of purchase, stating therein the name and residence of the purchaser, 
describing the land and the price paid therefor; which certificate shall be evi- 
dence of the facts therein stated. 

§ 93. At the first regular term of the county court in each year, the school 
commissioner shall present to the court of his county — first, a statement showing 
the sales of school lands made subsequent to the first regular term of the pre- 
vious year, which shall be a true copy of the sale book (book B); second, 
statements of the amount of money received, paid, loaned out and on hand, be- 
longing to each township or fund under his control — the statement of each fund 
to be separate; third, statements copied from his loan book (book C), showing 
all the facts in regard to loans which are required to be stated upon the loan 
book; all of which the county court shaU thereupon examine and compare with 
the vouchers, and the said county court, or so many of them as may be present 
at the term of the eourt, shall be liable individually to the fund injured, and to 
the securities of said school commissioners, in case judgment be recovered of 
said securities, for all damages occasioned by a neglect of the duties, or any 
of them, required of them by this section: Provided, nothing herein contained 
shall be construed to exempt the securities of said school commissioner from any 
liability as such securities, but they shall still be liable to the fund injured the 
same as if the county commissioners were not liable. 

§ 94. The school commissioner shall also, at the time aforesaid, transmit to 
the auditor of public accounts a full and exact transcript from book B of all the 
sales made subsequent to each report. The statement required to be presented 
to the county court shall be preserved and copied by the clerk of said court into 
a well bound book, kept for that purpose; and the list transmitted to the auditor 
shall be filed, copied and preserved in like manner. 

§ 95. Every purchaser of common school land shall be entitled to a patent 
from the state, convejing and assuring the title. Patents shall be made out by 
the auditor from returns made to Mm by the school commissioner. They shaU 
contain a description of the land granted; and shall be in the name of and 
signed by the governor, countersigned by the auditor, with the great seal of the 
state affixed thereto by the secretary of state, and shall operate to vest in the 
purchaser a perfect title in fee simple. "When patents are executed as herein 
required, the auditor shall note on the list of sales the date of each patent, in 
such manner as to perpetuate the evidence of its date and delivery, and there- 
upon trnnsmit the same to the school commissioner of the proper county, to be 
by him delivered to the patentee, his heirs or assigns, upon the return of the 
. original certificate of purchase ; which certificate, when returned, shall be filed 
and preserved by the school commissioner. 

§ 96. Purchasers of common school lands, and their heirs and assigns, may 
obtain duplicate copies of their certificates of purchase and of patents, upon 
fihng affidavit with the school commissioner in respect to certificates, and with 
the auditor in respect to patents, proving the loss or destruction of the originals, 
and such copies shall have all the force and effect of the originals. 



NORMAL UNIVERSITY. 29 

ACTS REPEALED — PUBLICATION AND DISTRIBUTION OP THE ACT. 

§ 9V. Aa act entitled " An act to establish and maintain common schools," 
approved February 12th, 1849, and an act to amend said act, approved February 
12th, 1851, and an act entitled " An act to increase the school fund," approved 
February lOtli, 1853, and all other acts and parts of acts coming in conflict with 
the provisions of this act, are hereby repealed. This act to be in force from 
and after its passage. 

§ 98. The public printer is hereby required to print fifty thousand copies of 
the whole act, as amended, under the direction of the superintendent of public 
instruction, and to be distributed by him to the several counties of the state, ac- 
cording to population. 

Approved February 22, 1861. 



AN ACT for the establishment and maintenance of a Normal University. 

Section 1. Be it enacted by the People of the State of Illinois, represented in the 
General Assembli/, That C. B. Denio, of Jo Daviess county, Simeon "Wright, of 
Lee county, Daniel Wilkins, of McLean county, 0. E. Hovey, of Peoia county, 
George B. Rex, of Pike county, Samuel W. Moulton, of Shelby county, John 
Gillespie, of Jasper county, George Bunsen, of St. Glair county, "Wesley Sloan, 
of Pope county, Ninian "W. Edwards, of Sangamon county, John Eden, of 
Moultrie county, Flavel Mosely, of Cook county, "William H. "Wells, of Cook 
county, Albert R. Shannon, of "White county, and the superintendent of public 
instruction, ex officio, with their associates, who shall be elected as herein pro- 
vided, and their successors, are hereby created a body corporate and politic, to 
be styled " The Board of Education of the State of Illinois," and by that name 
and style shall have perpetual succession, and have power to contract and be 
contracted with; to sue and be sued, to plead and be impleaded, to acquire, hold 
and convey real and personal property, to have and use a common seal, and to 
alter the same at pleasure ; to make and establish by-laws and alter or repeal 
the same as they shall deem necessary for the government of the Normal Uni- 
versity hereby authorized to be established, or any of its departments, officers, 
Btudents or- employees, not in conflict with the constitution and laws of this 
state, or of the "United States; and to have and exercise all powers, and be sub- 
ject to all duties usual and incident to trustees of corporations. 

§ 2. The superintendent of public instruction, by virtue of his office, shall 
be a member and secretary of said board, and shall report to the legislature at 
its regular sessions the condition and expenditures of said Normal University, 
and communicate such further information as the said board of education or the 
legislature may direct. 

§ 3. No member of the board of education shall receive any compensation 
for attendance on the meetings of the board, except his necessary traveling ex- 
penses ; which shall be paid in the same manner as the instructors employed in 
the said Normal University shall be paid. At all the stated and other meetings 
of the board, called by the president or secretary, or any five members of the 
board, five members shall constitute a quorum, provided all shall have been duly 
notified. 

§ 4. The objects of the said Normal University shall be to qualify teachers 
for the common schools of this State, by imparting instruction in the art of teach- 
ing, in all branches of study which pertain to a common school education, in the 
elements of the natural sciences, including agricultural chemistry, animal and 
vegetable physiology, in the fundamental laws of the United States and of the 



80 XOEMAL UNIVERSITY. 

State of Illinois in regard to the rights and duties of citizens, and such other 
studies as the board of education may from time to time prescribe. 

§ 5. Tiie board of education shall hold its first meeting at the office of the 
superintendent of public instruction, on the first Tuesday in May next, at which 
meeting they shall appoint an agent, fixing his compensation, who shall visit the 
cities, villages and other places in the State, which may be deemed eligible for 
the purpose, to receive donations and proposals for the establishment and main- 
tenance of the Normal University. The board shall have power, and it shall be 
their duty, to fix the permanent location of said Normal University at tlie place 
where the most favorable inducements are ofl'ered for that purpose : Provided, 
that such location shall not be difficult of access, or detrimental to the welfare 
and prosperity of said Noi'mal University. 

§ 6. The board of education shaU appoint a principal, lecturer on scientific 
subjects, instructors and instructresses, together with such officers as shall be 
required in the said Normal Universitj'-, fix their respective salaries and prescribe 
their several diities. They shall also have power to remove any of them for 
proper cause, after having given ten daj^s' notice of any charge which may be 
duly presented and reasonable opportunity of defense. Tliey shall also prescribe 
the text books, apparatus and furniture to be used in the University, and provide 
the same ; and shall make all regulations necessary for its management. And 
the board shall have power to recognize auxiliary institutions, when deemed 
practicable: Provided, that such auxiliary institutions shall not receive any 
appropriation from the treasury, or the seminarj'' or university fund. 

§ 1. Each county within the State shall be entitled to gratuitous instruction 
for one pi^il in said Normal University; and each representative district shall 
be entitled to gratuitous instruction for a number of pupils equal to the number 
of representatives in said district, to be chosen in tlie following manner: The 
school commissioner in each county shall receive and register the names of all 
applicants for admission in said Normal University, and shall present the same 
to the county court, or, in counties acting under township organization, to the 
board of supervisors, as the case may be; shall, together with the school com- 
missioner, examine all applicants so presented in such manner as the board of 
education may direct, and from the number of such as shall be found to possess 
the requisite qualifications, such pupils shall be selected by lot; and in represent- 
ative districts composed of more than one county, the school commissioner and 
county judge, or the school commissioner and chairman of the board of super- 
visors, in counties acting under township organization, as the case may be, of 
the several counties composing such representative district, shall meet at the 
clerk's olfice of the count.y court of the oldest county, and from the applicants 
so presented to the county court, or board of supervisors, of the several coun- 
ties represented and found to possess the requisite qualifications, shall select by 
lot the number of pupils to which said district is entitled. Tlie board of educa- 
tion shall have discretionary power, if any candidate does not sign and file with 
the secretary of the board a declaration that he or she will teach in the public 
schools within the State, in case that engagements can be secured by reasonable 
efforts, to require such candidate to provide for the payment of such fees for 
tuition as the board may prescribe. 

§ 8. The interest of the university and seminary fund, or such part thereof 
as may be found necessary, shall be and is hereby appropriated for the mainte- 
nance of said Normal University, and shall be paid on the order of the board 
of education from the treasury of the state; but in no case shall any part of the 
Interest of said fund be applied to the purchase of sites, or for buildings for said 
University. 

§ 9. Tlie board sliall have power to a]ipropriate the one thousand dollars 
received from the Messrs. Merriams, of Spriuglicld, Massachusetts, by tlie lato 
superintendent, to the purchase of apparatus for the use of the Normal Univer- 
sity, when established; and hereafter, all gifts, grants and demises which may 
be made to the said Normal University shall be applied in accordance with the 
wishes of the donors of the same. 



NORMAL UiN^IVEESITT. 31 

§ 10. The board of corporators herein named and their snccessors shall each 
of them hold their office for the term of six years : Provided, that at the first 
meetius: of said board, tlie said corjDorators shall determine, b}^ lot, so that one- 
third shall hold their office for two years, one-third for four years and one-third 
for six years. The governor, by and with the advice and consent of the senate, 
shall fill all vacancies which shall at any time occur in said board, by appoint- 
ment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial meeting there- 
after, it shall be the duty of said board to elect one of their number president, 
who shall serve until the next biennial meeting of the board and until his suc- 
cessor is elected. 

§ 12. At each biennial meeting it shall be the duty of the board to appoint a 
treasurer, who shall not be a member of the board, and who shall give bond, with 
such security as the board may direct, conditioned for the faithful discharge 
of the duties of his office. 

§ 13. This act shall take effect on and after its passage, and be published and 
distributed as an appendix to the school law. 

Approved February 18, 1857. 



MAITJAL OF IISTRUCTIOI. 



STATE DEPARTMENT OF PUBLIC SCHOOLS. 



MANUAL OF INSTKUCTIOK 



Part I. — ^Election", Duties ajstd Powees of Officeks, and 
Bights aistd Duties of Teachees. 



SITPERmTENDENT OF PUBLIC INSTRUCTION 



ELECTION". 



The Superintendent of Public Instruction is elected biennially, 
and is entitled to hold his office for two years, and until his suc- 
cessor is duly elected and qualified. The first election for Super- 
intendent of Public Instruction was held on Tuesday, November 
4th, 1856. The office was created by an Act of the Legislature, 
approved Februai-y 18th, 1854, which provided in Section 2, that 
" immediately after the passage of this Act, and its approval by 
the Governor, it shall be the duty of the Governor to appoint 
some suitable and competent person, who at the time of his ap- 
pointment shall be a citizen of this State, to act as Superintendent 
of Public Instruction, who shall hold his office until the election 
of Superintendent, as provided for by the first section of this 
Act." The first section of the Act provided as foUows : " That 
at the general election, to be held on the Tuesday after the first 
Monday of November, A.D. 1855, and biennially thereafter, there 
shall be elected a Superintendent of Public Instruction, who shall 
hold the office for two years, and until his successor is duly elected 
and qualified." In pursuance of the provisions of Section 2 of 
the Act quoted from, Ninian W. Edwards was appointed State 
Superintendent on the 24th day of March, 1854, and continued in 



36 . SUPEEINTENDENT. ' 

office until relieved hj his siiccessor, who was elected iu Novem- 
ber, 1856, the Legislature of 1855 having extended the term of 
Mr. Edwards' incmnbency, by providing that the first election for 
State Superintendent should be held in November, 1856, instead 
of November, 1855, as was first ordered, by the Act of 1854. 
Since the fall of 1856, elections have been regularly held, at the 
time and in the manner provided for by the law creating the 
Office, passed February 18th, 1854. 

It seems to have been the original intention of the Legislature, 
as appears from the Act of 1854, to provide for the holding of 
the election for Stiperintendent of Public Instruction at the same 
time that elections are held for School Commissioners. In that 
case, the election for State Superintendent would have occurred 
during the interval between the regular State elections, and the 
Office would thus have been removed from the political excite- 
ments and strifes which are attendant upon general elections. 
There are many reasons for preferring the policy first contem- 
plated by the Legislature, and had it been pei'petuated, our educa- 
tional interests would have been less liable to suffer by contact 
with political influences than at present. It is to be regretted that 
the Legislative action of 1854 xipon the subject referred to was 
re-considered and changed, and that the Office of Public Instruc- 
tion was so unnecessarily subjected, by the new law of 1855, to 
those disturbing and warping influences which accompany high 
political excitements. It may be true, indeed, that so long as the 
Office remains elective, it will be' impossible to sej^arate it entirely 
from partisan influences, yet it is true, also, that those influences, 
if not removed, may be controlled, and held in check. The law 
of 1854 erected a barrier around the Office which, if it did not 
turn back the waves of political excitement and passion, at least 
checked their violence. ,The law of 1855 removed that barrier, 
and left the office at the mercy of the sweeping torrent. An 
enactment which would separate the educational elections of the 
State from the unfriendly excitements which attend our presiden- 
tial and gubernatorial canvasses, would be haUed with pleasure 
by every true friend of Common Schools. 

Before entering upon the duties of his office, the State Superin- 
tendent is required [Sec. 2] " to take and subscribe the usual oath 
of office, and to execute a bond in the penaltyof $25,000, payable 
to the State of Illinois, with sureties to be approved by the Gov- 



. SUPEEINTEXITENT. 37 

ernor, conditioned for the prompt discharge of his duties, and for 
the faithful appHcation and disposition, according to law, of all 
school moneys that may come mto his hands by virtue of his 
office." Under our present School Law, it is impossible that any 
school moneys can come into the hands of the State Superin- 
tendent, and so the State becomes surety for the sureties, that 
they shall not suffer loss by the misapplication of school moneys 
by the. State Sxiperintendent, just as the sureties become surety 
for the State, that it shall not suffer loss on the same account. A 
very mutual precaution ! 

DUTIES AND POWERS. * 

The Duties and powers of the State Superintendent are implied 
in the official title by which he is designated. He is placed over 
the Common Schools as General Superintendeut, to represent in 
his own person, the jealous care and guardianship of the State 
over this most ^dtal of our public interests. He is required to 
supervise, dii-ect, and encourage the labors of all subordinate and 
local officers by whom the Common School system is administered 
— to arrange and prepare suitable forms of procedure for', the 
correct and expeditious transaction of all school business — to 
seek after fuU and detailed information upon all subjects affecting 
the wants, condition, or prosj)ects of the public schools — to ar- 
range and systematize the general facts collected by him, and to 
submit them iii the embodied form of an official Report to the 
Legislature and the people — to study carefully and acquaint him- 
self thoroughly with the School system, observing closely its 
practical workings, noting its defects, and devising and suggest- 
ing plans for improvement — to explain and interpret the meanmg 
of the School Law — to examine and adjudge differences and dis- 
putes, as they may arise between parties whose interests become 
involved by the operation of the Law, and whose cases are «;> 
pealed to him for final decision — to travel throughout the State, 
awakening public attention to the importance of education, and 
especially to the importance of /ree scAoo^ education, impressing 
upon our communities the necessity of united and earnest action 
for the encouragement and support of Common Schools, by public 
lectures and personal visitations in the various districts and coim- 
ties of the State, disseminating information among the people, and 
quickenmg the zeal of those who are responsibly or officially iden- 



38 SUPBBINTENDENT. 

tified with the interests of education — and to use the wide-spread 
influence which the advantage of his position gives him to secure 
a real and healthy progress in all that relates to the educational 
and moral improvement of the people. 

The State Supermtendent is invested with power and authority 
[Sec. 8] to " make such rules and regulations as he may think 
necessary and expedient to cai-ry into full effect the provisions of this 
[the Free School] Act." Under this authority, the Superintendent 
may devise any measures, not inconsistent with the School Law, for 
the improvement and perfecting of the system which he is admin- 
istering, whether ST^ch measures relate to School officers, teachers, 
or pupils. Such measures, when proposed by the Sui^erintendent, 
have all the force of law, and cannot be resisted, without involv- 
ing penalties. 

The State Superintendent is also specially invested with the 
authority and power [Sec. 9] to direct and cause the School Com- 
missioner of any county, Directors or Board of Trustees or town- 
ship Treasurer of any township, or other school officer, to with- 
hold from any officer, or township, or teacher, any part of the 
comiSnon school, or township, or other school fujad, until such 
officer, township, or teacher, shall have complied with all the pro- 
visions of this Act relating to his, her or their duties, and such 
rules and regulations as the State Superintendent may prescribe, 
not consistent with this Act ; and the State Superintendent may 
forbid the payment of any part of the common school, township, 
county, or other school fund, to any district in which the school 
or schools have not been kept according to law, or in which no 
school has been kept for six months during the year next preced- 
ing the demand for payment." 

It is held that imder the last clause of this Section, the Super- 
intendent may exercise the authority to order the payment of such 
part of the public fund as may be just, in cases where the non- 
compliance with law was rendered impossible by uncontrollable 
circumstances. The power here conferred is discretionary. A 
sound discretion may require in some cases official interposition 
for the relief of a district, when such district has literally faUed 
to comply with the six months' condition, as, for example, when a 
school house is burned down before the school term is completed, 
or when a school is broken up for weeks together by high waters, 
as is sometimes the case in districts situated in the low river bot- 



COMMISSIONERS. 39 

toms. In such and kindred cases, the Department has interposed 
for the relief of the suffering district, and has ordered the pay- 
ment of the distributive fund to such district, in just proportion, 
although the six months' rule had not been literally compUed with. 

It is made the duty of the State Superintendent [Sec. 8] "to 
explaiu and interpret and determine to all School Commissioners, 
Directors, township and other School officers, the true intent and 
meaning of this Act," &c. Opinions and answers given by the 
State Superintendent imder this Section are based on the state- 
ment of facts made by the party applying for such opinion or 
decision, presuming that the statement is made true and fulL If 
found to be otherwise, the right is alw:ays reserved to modify the 
opinion to suit the real facts. In such cases, it is always inconve- 
nient, and often quite impracticable, for want of time, to institute a 
tedious investigation of the facts, and the statement submitted 
win therefore be taken as true, until shown to be otherwise. 

Section 10 relates exclusively to the compensation of the Super- 
intendent, and to the contingent expenses of the State Depart- 
ment. 

The State Superintendent is authorized to issue State Diplomas 
to Teachers [Sec. 50] who shall be found worthy, in point of good 
character and scholarship. This honor is only conferred upon 
the eminently qualified, and after careful and thorough examina- 
tion. The State Diploma is of perpetual validity, and entitles the 
holder to teach in any county in the State without obtaining a 
local license from the County Commissioner. Application for the 
Diploma may be made at any time to the State Department at 
Springfield. The Law provides fiu'ther, that " a State certificate 
may be cancelled by the State Superintendent, upon proof of 
immoral or unprofessional conduct." 

Such are, in brief, the duties and powers of the Superintendent 
of Public Instruction. 



40 COMMISSIONEES. 



SCHOOL COMMISSIONERS. 

ELECTION. 

School Commissioners are elected biennially, the election oc- 
cm'ring every two years, on the Tuesday after the first Monday 
in November, The elections for School Commissioners and State 
Superintendent are separated, and occur in alternate years. In 
case the office of School Commissioner is vacated by death, resig- 
nation, or otherwise, the vacancy so occurring is to be filled by 
the appointment of a successor, said appointment being made 

[Sec. 13] by the County Court or Board of Supervisors. The 
School Commissioner may be removed for cause, \_Sec.' 13] in 
which case the vacancy is to be fiUed by appointment. 

DUTIES AND POWEES. 

School Commissioners are required, [Sec. 11] before entering 
upon their official duties, to take the usual oath of office, and to 
execiite a bond for the faithful performance of their duties, for 
$12,000, subscribed by two or more responsible freeholders as 
security, to be approved by the County Court or Board of Super- 
visors, and filed in the office of the County Clerk. The sum 
specified in the bond may be increased at the option of the Court 
or Board. The form of the bond is given in /Section 12. 

In treating of the duties and powers of School Commissioners, 
I shall consider those officers in their relations to The State — The 
County — The Schools. By this classification of subjects, the 
duties and powers of Commissioners can be wholly reviewed and 
explained. Of the relations of these officers, I will first consider 
those which pertain to 

The State. — 1. Annual Heports. — It is made the duty of the 
School Commissioner [Sec. IV] to forward to the Department of 
Public Instruction a Report of all such information and statistics 
concerning Schools in his county as the State Superintendent is 
required to embody in his Biennial Report to the Governor and 



COIVIMISSIONEES. 41 

Legislature. This ReiDort of the Commissioner is required, by- 
order of the Department, to be made annually, and is due at the 
Office of Public Instruction on the 15th of November of each 
year. Much care is necessary in the preparation of the Report* 
of the Commissioner, and promptness should be observed in for- 
warding the Report to the State Office. Tardiness or neglect of 
duty in this respect wUl seriously perplex and hinder the State 
Superintendent in the compilation of his own Report. No Com- 
missioner should withhold his Report from the Department after 
the 10th of November. If the Commissioner is delayed, or likely 
to be delayed, in the preparation of his Report, by the unfaith- 
fulness of one or more of the township Treasm-ers, he should 
immediately employ a competent person in each township \_Sec. 21] 
" to take the enumeration, and furnish said statistical statement, 
as far as practicable." The person or persons so employed shall 
have free access to the books, papers, and memoranda of the town- 
ship Treasiu-er, and that officer is instructed, in the Section referred 
to, to permit the use and examination of such books and papers 
by the person so employed by the Commissioner. Compensation 
may be allowed to the person performing the service by appoint- 
ment of the Commissioner, and the amount so allowed n?.ay be 
paid by the Commissioner out of any school funds which are or 
may come into his hands, " apportioned as the share of or be- 
longing to the said [delinquent] township." 

Commissioners should be careful to return, in their annual 
Reports, intelligent and precise answers to aU the questions pro- 
posed by the Department. The information sought for in these 
questions must be communicated mainly in a statistical form, and 
statistics are only valuable when they are reliable. Figures are 
the most valuable and most emphatic exponents of facts, when 
right figures are used in the right places, but if otherwise, they 
but express a lie, and deceive. A little careful thought bestowed 
upon the subjects to be reported upon will make them clear to 
the comprehension of the Commissioner ; but, if not, let jnore 
thought be devoted to the work, and if still unable to understand 
the object sought by the questions proposed, let him seek instruc- 
tion of some one qualified to explain the meaning of whatever is 
dark and uncomprehended. Application maybe made to the De- 
partment (if time will suffice) and information will be cheerfully 
given. 



42 COMMISSIONERS. 

In addition to the statistical Report of the state of schools in 
the county, it is expected of each Commissioner that he will for- 
ward at the same time a loritten Report, communicating a brief 
'*historical summary of his official policy as embodied in actions 
and plans for the improvement of schools in his county — an ac- 
count of the condition of schools and school houses — a statement 
of the result of his experience and observations with reference to 
the workings of the school system, with suggestions for the 
amendment of the system — a report of the manner in which 
subordinate officers in the townships and districts have attended 
to their duties, and of the deportment and professional efficiency 
of the Teachers in the county. There are many facts relating to 
the subjects indicated which is it not in the power of figures to 
express, and which need to be written out, in order to be under- 
stood and appreciated. Such facts, when communicated and 
enforced by fit and seasonable words, are always valuable, and 
sometimes influential in shaping the policy of the Department and 
giving success to its administration. 

2. Apportionment of State and County Funds. — The School 
Commissioner is required by the State to receive and apportion 
to the several townships in his jurisdiction the State and County 
Fund for the support of Common Schools in the County. The 
conditions upon which this apportionment is to be made by the 
School Commissioner \_Sec. 16] are as follows : " One-third of said 
amount [to be divided, shall be apportioned] to the several town- 
ships and parts of townships in his coimty, in proportion to the 
number of acres in said townships and parts of townships, and 
the remaining two-thirds to the several townships and fractional 
townships in his county, according to the number of white chil- 
dren, under twenty-one years of age, returned to him, in which 
townships or parts of townships schools have been kept in accord- 
ance with the provisions of this act, and with the instructions of 
the State and County Superintendents, and shall pay over the 
distributive share belonging to each township and fractional 
township, as aforesaid, to the respective township Treasurers, or 
other authorized persons, annually." The Commissioner, under 
this Law, is authorized to apportion the State and County Funds 
to such townships and fractional townships as have kept a school or 
schools in operation for a term of six months during the school year 
next preceding such apportionment, and to such townships only. 



COMMISSIOXEES. 43 

Townships in wMcli no school has been kept according to the pro- 
visions of the School Law, are not entitled to share in any wise 
in the apportionment. 

If a township lies in two counties, there being one or more 
school districts in the township in which schools have been kept 
according to law, which districts are situated on each side of the 
dividing [county] Hue, the township is entitled to share in the 
apportionments made by Commissioners of both counties. If 
there has been no school in that part of the township lying in one 
county, and in that part of the township lying in the other county 
there have been schools kept according to law, then the Treasurer 
of the township is entitled to funds from the Commissioner of the 
latter county, but he is oiot entitled to any funds from the Com- 
missioner of ihe, former county. 

In cases of townships entitled to share in the apportionment, 
where no enumeration of white children under twenty-one years 
of age ha's been made for the previous year, the Commissioner 
should take, as the basis for distribution, the latest official enume- 
ration of children under twenty-one, on file in his office. 

It sometimes occurs that township Treasurers fail to execute 
the bond required by the School Law, and on account of such 
failures, very considerable amounts of school money have been 
irrecoverably lost by being passed into the hands of irresponsible 
and unqualified men. Township Trustees should see to it that 
Treasurers whom they appoint promptly comply with the Law, in 
this respect. The School Commissioner should firmly and per- 
emptorily mthhold the State and County Fund from a Treasurer 
■who has not executed and filed his bond, as required by the School 
Law ]_Sec. 55, 15.] Immediately after the election of Trustees, 
it is the first duty of the Board to organize \_Sec. 32] by appoint- 
ing one of their number President, and a competent person (not 
a member of the Board) Treasurer. This duty of appointing a 
Treasurer is necessary, whether new men are elected Trustees, or 
the former Trustees are re-elected. This is obvious from the fact 
that a Treasurer holds his office by appointment of the Trustees, 
and the tenure of his office cannot, of course, extend beyond the 
time for which the trustees were elected. Hence the duty of the 
Trustees (whether elected for the first time, or re-elected,) to ap- 
point (or re-appoint) a Treasurer, at their first meeting after the 
election. The Treasurer so appointed will be required to execute 



44 COMMISSIONERS. 

a new bond, and for tlie performance of this duty that officer 
should be held to a strict accountability by the School Commis- 
sioner. 

3. Sale of State School Lands. — By an Act of Congress, ap- 
proved April 18th, 1818, the sixteenth section of every township 
in this State (or if such section had been sold or otherwise dis- 
posed of, " other land equivalent thereto, and as contiguous as 
may be,") was granted to the State, " for the use of the inhabit- 
ants of such townships, for the use of schools." The grants of 
land so made by Congress to the townships were to be made 
available for school purposes by the sale of the lands at such 
times and in such quantities as might be deemed expedient by 
the inhabitants of the townships respectively \^Sec. 83,] the condi- 
tions of the sale being specified in the School Law \_Sec. 84 — 96.] 
In \h.Qi first sale of these granted lands, the School Commissioner 
acts as the agent of the State, in which the title is vested prior 
to such first sale, and from which the title is first conveyed to the 
purchase or purchasers, through the School Commissioner {^Sec, 
92, 95.] After svich first sale has been efiected, according to law, 
and the title of the State has been alienated and vested in other 
parties, the agency of the Commissioner ceases, the State needing 
such agency no longer. 

Upon receiving a petition, praying for the sale of Common 
School lands, signed by two-thirds of the white adult male in- 
habitants of any township in the county, said petition being ac- 
companied with the affidavit of two citizens of said township, it 
is the duty of the School Commissioner to notify the Trustees of 
the township aforesaid that such petition has been received and 
filed. When the necessary arrangements for selling the lands 
have been perfected by the Trustees \_Sec. 84-85,] and the plats 
and certificates of valuation have been delivered to the Commis- 
sioner, he will proceed to advertise the said lands for sale in lots 
\_Sec. 87,] " as divided and laid off by said Trustees, by posting 
notices thereof in at least six public places in the county, forty 
days next anterior to the day of sale, describing the laud, and 
stating the time, terms and place of sale ; and if any newspaper 
is published in said county, said advertisement shall be printed 
therein for four weeks before the day of sale — if none, then it 
shall be sold under the notice aforesaid." On the day appointed 
the Commissioner shall proceed to sell the lands advertised, to 



COMMISSIONERS. 49 

best qualified, its advantages and benefits are invaluable to young 
and inexperienced teachers. A fact which argues most strongly 
for the encouragement and support of County Institutes is, that 
the statistics of this Ofiice show an increase and progress in all 
the elements of Common School eiSiciency in those counties where 
Institutes are held, far in advance of those counties where Insti- 
tutes are unknown, I repeat, it is earnestly hoped that a Teach- 
ers' Institute will be organized in every county. 

5. Fines and Forfeitures. — Moneys accruing from fines, pen- 
alties, forfeitures, &c., in any of the Circuit Courts of this State, 
or collected by Justices of the Peace, or other county oflScers, 
except municipal fines levied and collected in cities and towns for 
the violation of local ordinances, are devoted by the Law [_See. 82] 
to the use and benefit of schools, in the county where such mon- 
eys are collected. The Law imposes upon the clerks of Circuit 
Courts, and upon Justices of the Peace, and other county officers, 
the duty of paying over all such moneys, when collected, to the 
School Commissioner, and in default of duty, the officer failing to 
pay over moneys collected under this Section, is liable to penal 
damages in double the amount so collected, said damages to be 
recovered before any court having jurisdiction, in a civil action, 
at the suit of the School Commissioner. The School Commis- 
sioner is not only authorized but required, by this law, to institute 
suit for the recovery of damages against all defaulting officers. 
It is believed that large amounts of money which fe^aZZy belonged 
to the schools, under the provisions of Sec. 82, have been lost to 
the school fund through the failure of Circuit Clerks and Justices 
of the Peace to make returns to School Commissioners, as re- 
quired. For the purpose of securing to the school fund the full 
benefit of this provision of the Law, instructions were issued from 
this Department, in March, 1860, to township Treasurers, to ex- 
amine semi-annually the dockets of all Justices of the Peace in 
their respective townships, in respect to moneys belonging to the 
school fund, and to report to the School Commissioner, on or be- 
fore the 15th of March and September of each year, the result 
of said examinations. The following form of Report was recom- 
mended to Treasurers : 



50 



COMMISSIONERS. 



EEPOET of the Examination of the Docket of , Magistrate, in Town- 
ship , Range , County of , Ihinois. Made on the — day — , 18 — . 



Names of Persons 
Fined. 


Date of 

Fine. 


Amount 
of Fine. 


Amount Am't pd.tO;Am't paid 
collected Sch.Comr. [to Treas'r. 


Am't collected 
& not pd.over 


Joha Doe. . . 
Eichard Roe, . 


Sept. 5, '60 
Jan. 1, '61 


50 
40 


00 
00 


50 
35 


00 
00 


15 


00 


50 
10 


00 
00 


10 


00 


I certify the ahove to be correct. 
To , School Commissioner. 







Township Treasurer. 



Upon receiving this Report from the township Treasurer, it 
was made the duty of the School Commissioner to proceed at 
once, as provided in Sec. 82, and possess himself of the moneys 
reported and not paid over. The moneys accruing ^to the school 
fund from this source are to be distributed by the School Com- 
missioner in the same manner and for the same purposes as the 
common school funds of the State are distributed. The language 
of the law upon this subject {See. 82) is plain and immistakable. 
Commissioners have, in some cases, added these moneys to the 
principal of the county fund and loaned them as such. This is 
directly and openly at variance with the Law. 

6. Compensation. — School Commissioners are entitled to a 
per diem compensation of two dollars {Sec. 71) for services per- 
formed under the 20th Section of the School Law " for any num- 
Jber of days not exceeding one hundred in any one year." They 
are entitled to retain, as compensation for selling school lands, 
three per cent, of the amount of such sales made by them. They 
are entitled to a compensation of two per cent, of all sums of school 
moneys distributed, paid out, or loaned by them. They are also 
entitled to receive one dollar {Sec. 51) for every certificate of 
qualification issued under Sec. 50, excepting those certificates 
which are issued on days of public examinations of teachers, for 
which nothing is received. 

Provision is made for adding to this compensation by an appro- 
priation from the county treasury [^Sec. 71,] whenever, in the judg- 
ment of the County Court or Board of Supervisors, such appro- 
priation is deemed necessary and expedient. Under this law, 
County Courts or Boards have full authority to make appropria- 



COMMISSIONERS. ^1 

tions of money for the benefit of the office of School Commis- 
sioner, in such amounts as may seem just and necessary to enable 
that officer to devote more time and attention to the improvement 
of schools in his county. The appropriations made, however, 
under this Section, have been few and small. It is thought that 
the Law is not generally understood upon this subject, and in 
some counties it has not been known (until the attention of the 
County Board was called to the fact by the Commissioner) that 
the Law contained any provision authorizing the Board to make 
special appropriations of money to the School Commissioner. A 
liberal policy upon this subject should be pursued by the counties 
of the State. No investments of money yield so large and ready 
returns of general and substantial good as those made in the 
interests of schools. 

The compensation of the Commissioner should not be so limited 
nor so contingent. An officer whose duties are so many and so 
arduous, and who, to act faithfully and efficiently, is required to 
devote so large a j)ortion of his time to those duties, should 
receive an adequate and well secured compensation. The inci- 
dental expenses of the office, as postage, stationery, office rent, 
etc., should be paid as are similar expenses of county offices, out 
of the county treasury. 

We will next examine the duties and powers of the School 
Commissioner growing out of his relations to 

The Schools. Siqoervhion. — The duties and powers of the 
Commissioner relating to the Schools are wholly sujaervisory, and 
may all be treated of under the one general head of Supervision. 
The official supervision mentioned relates to Teachers and Schools. 

1. Teachers. — The supervision which the Commissioner is 
required to exercise over the Teachers of his county, has refer- 
ence to their Character — their Qtialifications — their WorJc. 

(1.) Character. — Before licensing a candidate to teach a 
school, the Commissioner must be satisfied \_Sec. 50] of his (or 
her) good moral character. The Law requires that the Commis- 
sioner shall be satisfied of the good moral character of the appli- 
cant before a license to teach is granted, and the Commissioner may 
be so satisfied either by actual personal knowledge of the aj)i3licant, 
derived from long and intimate acquaintance, or, if a stranger, 
the apj)licant's good character may be established by well-authen- 



62 COMMISSIONEBS. 

tiaated testimonials. When written testimonials are offered, it 
would be prudent for the Commissioner to note, in his record 
book, all letters, certificates, or documents presented by any can- 
didate as evidences of character. Such a record might prove 
useful in some possible contingencies which might arise, and 
wonld serve as a directory in case the Commissioner, for fuller 
satisfaction, should desire to correspond with the authors of the 
offered credentials. The responsibility of the Commissioner to 
sujjervise the character of Teachers in his county does not termi- 
nate with the issuing of the certificate, but extends throughout 
the whole term of the Teacher's service in the schools of the 
county. Provision is made \_Sec. 50] for the revocation of the 
Teachei*'s certificate, for cause. This implies a continuous ac- 
countability on the j)art of the Teacher to the Commissioner, and 
a continuous responsibility on the part of the Commissioner to 
exercise a vigilant supervision over the character of the Teacher. 
Such a constancy of supervision is necessary to preserve the 
virtue of our schools. 

(2.) Qualifications. — By this is meant the literary qualifications 
of the Teacher. The Commissioner must be satisfied \_Sec. 50] 
that the candidate is qualified to teach the branches enumerated 
in the Law. The fact of qualification is to be ascertained by an 
examination of the candidate in all the branches specified, said 
examination to be made by the Commissioner " in person, or by 
one or more competent examiners whom he shall appoint." 

The Law recognizes three grades of Teachers' certificates, 
known as the First, Second, and Third Grades. The Commis- 
missioner should exercise a cautious discrimination in his exam- 
inations of Teachers under this Section, and award to the candi- 
date a certificate of the very grade to which he is entitled. As a 
guide to Commissioners upon the subject, I would recommend 
the following, which I copy from the Fourth Biennial Keport of 
this Office, issued by Mr. Bateman: 

"First Grade. — The candidate for this grade should be able 
to sustain a thorough and critical examination upon all the sub- 
jects named in the act. He should be examined with reference, 
not only to mere technical knowledge, but to the principles of the 
branches required — the philosophy of the rules — the theory and 
practice of teaching — and the principles of school government. 
Especial ?.nquiry should also be made as to the candidate's peculiar 



COMMISSIONERS. 53 

aptitude in communicating knowledge, and Ms ability to make it 
clear to the pupil by lucid explanations, and pi-ompt and pertinent 
illustrations. In determining the claims of the candidate for this 
grade, it would also be proper to regard certain points, upon 
which, from the nature of the case, there can be no formal exam- 
ination, but the relevance and significancy of which cannot be 
questioned — such as precision and clearness of utterance, propri- 
ety and purity of diction, refinement of manner, genuine dignity 
of character and bearing, earnestness, conscientiousness and high- 
toned morality. It is thought that, in examinations of this char- 
acter, far too much stress is ordinarily laid upon the value of mere 
scholarship. The technical and scientific acquirements of the can- 
didate must indeed be unimpeachable, but it is sincerely believed 
that the considerations just referred to have a more important 
bearing upon the question of the real fitness and highest success 
of the teacher than the utmost perfection of 'purely scholastic 
attainments. 

" Second Grade. — To secure this, the candidate should exhibit 
a thorough knowledge of all the branches required by law, but 
the examination may be conducted in a more technical form ., with 
less reference to comprehensive, philosoj)hical principles, and less 
rigor of scrutiny into the general qualifications enumerated above, 
as necessary for the first grade. 

"Third Grade. — Certificates of this grade maybe awarded to 
candidates, the standard of whose examination falls decidedly 
below that requisite for the preceding grade, but whose knowledge 
of the branches specified in the act is, nevertheless, such as to 
warrant the Commissioner in putting them upon trial, in a single 
district." 

(3.) Work. — It is the duty of the School Commissioner to 
supervise the work of the Teacher, to acquaint himself not only 
with the theoretic qualifications of the candidate, (which he does 
by personal examination,) but also to learn, as far as possible, 
[Sec. 20] the manner add methods of the Teacher's instruction 
and government in the school-room. If it be discovered by the 
Commissioner that the work of the Teacher is lame and imper- 
fect, it is the duty of that officer to " give such directions in the 
art of teaching, and the method thereof as shall be deemed expe- 
dient and necessary, so that each school shall be equal to the 
grade for which it was established." 



54 COMMISSIONERS. 

Constituted by the Law the judges of character and capacity 
in those who aspire to teach, the School Commissioner should 
himself possess a moral character above reproach, a learning 
adequate to the duty of the examination of applicants, which 
examination should be thorough and faithful, and a good knowl- 
edge of school discipline and government. If not so qualified 
himself, he will be unable to estimate truly such qualities in 
others. 

While a candidate is undergoing examination, he should not be 
regarded by the Commissioner in any other light than as sicch, 
and the judgment and decision of the Commissioner, as examin- 
ing officer, should turn only upon the fact of qualification or non- 
qualification, honestly ascertained by plain, pertinent and practical 
questions. If the habits of the candidates are vicious, and the 
fact is known to the Commissioner, he should be rejected at once. 
Better that children, whose character is in process of formation 
and is so susceptible of misdirection or perversion by contact 
with vicious example, should be for the present kept in ignorance, 
than be exposed to the corrupting influences which are ever asso- 
ciated with the life of a had man. 

The Commissioner should satisfy himself that the learning of 
the candidate is at least equal to the requirements of the law. 
Something must be left to the discretion of the Commissioner. 
Reference should be had not only to the kind, but to the state 
and circumstances of the school over which the candidate is to 
be placed. The idea is an old and very favorite one with many, 
that in an elementary school, where the pupils are small, and 
where only the rudiments are taught, it is not requisite that the 
Teacher possess much learning, and that it is sufficient if he be 
gifted with ordinary common sense, good manners, a tolerable 
judgment of human nature, and a reasonable stock of patience. 
These qualifications should be possessed unquestionably ; but it 
is not less required that the Teacher of an elementary school 
should be himself thoroughly learned in the elements, which is not 
true of many who claim to possess an advanced education. Be- 
ginnings are important, and young pupils should be detained upon 
the beginnings until the Teacher is well assured that they are 
making right beginnings ; and to instruct the little child rightly in 
the beginnings of his education, it is indispensable that the 
Teacher know what is right, and that he patiently inculcate ^ys2 



COMMISSIONERS. 55 

lessons until they be well mastered. The Commissioner cannot, 
then, too closely scrutinize the qualifications of a candidate who 
aspires to teach little children. Schools in which are found child- 
ren of larger growth and higher attainments should be presided 
over by Teachers who can supply their pupils with the mental 
and moral aliment which they demand, and who can and will ele- 
vate the character of their schools to the standard of dignity and 
usefulness which a more enlightened public opinion is demanding. 
Schools are to be governed as well as taught. The examination 
of the candidate should disclose his qualifications to manage and 
govern pupils in the school room. Something can be learned of 
the candidate's governing capacity by questioning him upon the 
methods of discipline and government Avhich he practices ; but 
not all can be so learned. It is only by following the candidate 
into the school room, and observing closely his modes of govern- 
ment, and his temper in executing them, that a satisfactory know- 
ledge of his qualifications as the governor of the school can be 
obtained. The whole duty of the Commissioner is not discharged, 
then, when the examination of the candidate is concluded. His 
further duty is to supervise his work in the school room, and 
satisfy himself that the Teacher is as practically qualified for his 
work i)i the school room, as he is theoretically qualified out of it. 
But being convinced that an intelligent and thorough supervision 
on the part of School Commissioners, cannot be secured by means 
of official visitation alone, from the fact that such visitations can- 
not be made by Commissioners so regularly or frequently as the 
necessities of the School demand, I have recently caused to be 
prepared a Blank Form for Teachers' Reports, which wiU be 
filled out and forwarded by Teachers in each County, to the 
School Commissioner, on the last day of each school month. The 
items of information to be communicated monthly to the Commis- 
sioner by each Teacher in the County, are the following : Number 
of Departments in the School ; Number of Teachers, Male and 
Female ; Number of Pupils enrolled during the Month, Male and 
Female ; Whole nmnber of Pupils enrolled during the Term thus 
far, Male and Female j Number of Days' Attendance ; Number of 
Days Absent ; Number of times Tardy during the Month ; Time 
lost by Tardiness, in hours and minutes ; Average Daily Attend- 
ance ; Per cent, of Attendance ; Number of times Teachers are 
Tardy; Time lost by Teachers on account of Tardiness, in hours 



56 COMMISSIONEES. 

and miiuites ; Number of classes in School ; Ntmaber of Classes 
jjer Teacher ; Number of Pupils withdrawn ; Number of PupUs 
expelled ; Number of visits by Commissioner ; Number of visits 
by Directors; Number of visits by Patrons and others; Text 
Books used in Schools. 

The Blanks referred to are published by Messrs. Adams & 
Blackmer, of Rockford, and will be furnished by the publishers 
to the School Commissioners of the different counties, who are 
requested to distribute them to the Teachers as they may be 
needed. The cost of the Blanks will be comparatively trifling, 
and Commissioners are authorized to appropriate from the County 
Distributive Fund such an amount as may be necessary to pur- 
chase the requisite quantity of Blanks for the use of Teachers in 
their respective counties. 

It is expected that School Commissioners will embody in their 
Annual Keports to this Department the aggregate facts commu- 
nicated to them in the Monthly Reports of Teachers, and those 
officers will be furnished by this office with Blanks adapted to the 
purpose. 

In introducing this new feature into the School Policy of the 
State, I will have to rely upon the prompt and hearty co-operation 
of County Commissioners ; and I accordingly request those officers 
to second this effort to improve our system of School Supervision. 
Commissioners therefore, at each of their official examinations of 
Teachers, and before issuing to them certificates of qualification, 
will instruct them to be prompt, careful and regular in preparing 
and forwarding thejr Monthly Reports, as required by this De- 
partment. ^ 

In exercising the powers of supervision here specified, the 
Commissioner should be firm, but mild, strict, but kind. He 
should imjDress the Teacher with the fact that all his offices are 
well-meant, and performed in a friendly spirit. Praises should 
be more gladly and freely bestowed than censures, and sugges- 
tions of amendment should ever be made in a polite and kindly 
manner, and for the most part, in private. In short, the demeanor 
of the Commissioner should be such, that the Teacher will recog- 
nize in him a true friend, and one who really desires and seeks to 
promote his welfare, and the success of the school over which he 
presides. The supervision of the Commissioner extends also 
over the 



COMMISSIONERS. 57 

2., Schools. — It is the duty of the Commissioner [See. 20] to 
"visit as often as practicable the several schools of his county, 
and to note the common method of instruction and branches 
taught," &c. It is not specified in the Law how often the Com- 
missioner shall visit each school during the year — it is simply 
stated " as often as practicable." It is desirable that the Com- 
missioner should know something of the wants, condition and 
prospects of every school in the county, and such knowledge can- 
not certainly be obtained "without visiting each school in 
person. The Commissioner should, at the time of such visita- 
tion, inquire into the whole condition of the school. If pos- 
sible, he should take the Directors with him, as there are 
some particulars of information which may be more correctly 
learned from those officers than from any other som'ce. The fol- 
lowing matters should be inquired into and carefully noted : The 
number of pupils ; then* classification ; their arrangement in the 
room — the courses of instruction and order of discipline and gov- 
ernment — text-books, the kind and varieties ; the fitness of the 
books in general, and their particular fitness for the pupils and 
classes using them — the furnitm'e and apparatus of the school- 
room ; its conveniences for being warmed and ventilated ; its 
cleanliness or otherwise — the external appearance and condition 
of the school-house and premises ; the site, whether eligible and 
pleasant ; the house, of what materials built, and whether adapted 
to the purpose, and in good repair; out-houses; well; play- 
ground; fences, trees, shrubbery and ornaments. 

During the period of visitation, the Commissioner is entitled 
to the entire control of the school. If he choose, he may be, for 
the time being, the Teacher. He may elect what classes shall be 
called upon to perform exercises. He may direct the Teacher to 
conduct the recitation, or he may do it himself. In short, he may 
give direction to the whole order of the school during the con- 
tinuance of his visit. These prerogatives seem to be indispensable 
to enable him to ascertain the true condition of the school, and 
are therefore incident to the office of Commissioner, as examiner 
of schools under the Law. The examination of the school should 
be thorough and satisfactory, and not an idle visit or a sheer 
ceremony. 

A full account has now been given of the powers and duties 
of the School Commissioners, 



58 * TKUSTEES. 



TRUSTEES OF SCHOOLS. 

ELECTION. 



School Trustees are elected for two years, and until their suc- 
cessors are elected and qualified, the election occurring \_See. 25] 
on the second Monday in October, biennially. Notices of election 
are required to be issued (by the Township Treasurer upon the 
order of the Trustees in incorporated townships, and by the 
County Clerk when the election is to be held in a township not 
organized,) and posted in public places, at least ten days previous 
to the day of election. 

In townships where no election for School Trustees has been 
held, the first election may be held on any Monday, notice being 
given, as above. 

It is provided \_/Sec. 25] that the election of Trustees may be 
postponed for one week, on account of the small number of voters 
in attendance on the first day appointed, when a majority of the 
voters so attending shall desire such postponement, or when, in 
the judgment of the Trustees, the public good requires it. If at 
any time the election be not held on the day appointed by Law 
(second Monday in October,) by reason of a failure or neglect to 
give the required notice, then said election may be held on the 
first Monday in November, or on any other Monday, due notice 
being given. 

Trustees, when present and consenting, shall preside over the 
election, in incorporated townships [Sec. 26,] two of their number 
acting as judges, and the third as clerk. In unincorporated town- 
ships, (or in incorporated townships where the Trustees fail to 
act,) judges and a clerk shaU be chosen by the legal voters 
present. 

Elections for School Trustees, as well as processes for contest- 
ing elections [Sec. 27,] shall be conducted under the general elec- 
tion laws of this State. In case of a tie, the judges shaU deter- 
mine [Sec. 28] the election by lot. 

Vacancies in a Board of Trustees, occasioned by resignation, 
removal, or death, shall be fiUed by special election [Sec. 29,] 
legal notice being given. 



TEUSTEES. 59 

The returns of election properly certified to are to be delivered 
to the School Commissioner [^Sec. 30,] and filed by him. 

To be eligible to the office of Trustee, it is required of a person 
[Sec. 24] that he be twenty-one years of age, and a resident of 
the township. It is also required by the State Constitution, that 
he be a citizen of the United States. 

To be eligible as a voter at an election of Trustees, the person 
must possess the same qualifications [Sec. 28] as will entitle him 
to vote at general elections in this State. 

The Board of Trustees is a body politic and corporate [Sec. 
23,] of perpetual existence, and is privileged and liable as other 
bodies corporate. Trustees elected under the new School Law 
are the legal corporate successors [Sec. 31] of Trustees of Schools 
and School Lands, as existing under former laws. 

DUTIES AND POWEES. 

Regular semi-annual meetings of the Trustees shall be held 
[Sec. 32] on the first Mondays of October and April, in each year, 
and special meetings may be held at the call of two members of 
the Board, at such other times as may be necessary. At the first 
meeting after election, the Board shall oi'ganize by appointing one 
of their number President, and a suitable person (not a school 
officer) Treasurer, who shall be also clerk of the Board, and who, 
upon his appointment, shall immediately execute a bond [Sec. 55,] 
as will be again noticed. 

The duties and powers of Trustees relate to The County — The 
Toionship — TJie Districts. 

1. The County. — The Board of Trustees of each townshij^ is 
required to report annually [Sec. 36,] as is ordered by the State 
Department, to the School Commissioner, on or before the second 
Monday of October, in each year, full information of facts con- 
cei'ning — First, the condition of Schools in the township ; Second, 
the number of persons under twenty-one years of age ; Third, a 
statement of the fiscal affairs of the township. The Report here 
required will embrace such details of facts as may be demanded 
by the School Commissioner, who will supply each township 
Treasurer with blanks prepared for the purpose, with suitable 
instructions for making out and retm-ning said Report, as provided 
in Sec. 36. If the Trustees fail to perform this duty, the School 
Commissioner is authorized [Sec. 21] to employ a competent per- 
son to collect the required statistics and facts and report the same 



60 TRUSTEES. 

to the officer employing him. The person so employed shall 
receive reasonable compensation for his services, to be paid by 
the Commissioner out of any moneys which are, or may come into 
his hands belonging to said township. The amount so paid shall 
be charged against the Trustees of the dehnquent township, who 
shall be personally (not officially and corporately) held for its 
payment, and in case of refusal so to pay the amount charged 
against them, the Commissioner is authorized to proceed against 
them for its collection, in a civil action before a court. 

2. The Township. — Trustees are required to hold in trust for 
the use and benefit of the inhabitants of the township, all moneys, 
property, papers (including deeds, mortgages, bonds, notes, judg- 
ments, and decrees,) and effects belonging to said township. The 
title to all school property belonging to the townships, as lands, 
school-house sites and premises, school-houses, with all their 
appurtenances, is vested in the Trustees. All " mortgages, bonds, 
notes, or other securities taken for money or other property," on 
behalf of the township, shall be executed to the Trustees in their 
corporate name, and all judgments and decrees in favor of the 
township shall be rendered to the Trustees in their corporate 
name and capacity. They shall cause all moneys for the use of 
the township to be paid over to the township Treasurer, who shall 
likewise hold in custody all deeds, mortgages, bonds, notes, or 
other evidences of title or indebtedness. It is made the duty of 
the Trustees {^Sec. 38] to overlook and examine carefully, at each 
semi-annual meeting, (and oftener, if necessary,) all moneys and 
papers belonging to the township, that they may be satisfied 
of their safe-keeping, and of the integrity and fidelity of the 
Treasurer, who is the appointed custodian of these valuables. 

The Trustees, as the corporate agents of the township, are 
authorized to purchase and receive real estate \_Sec. 41] in satis- 
faction of debt accruing to the township by any judgment or 
decree, rendered in favor of said township by any court, or in 
satisfaction of any mortgage, bond or note held by said Trustees, 
when deemed expedient, and for the interest of the township, 
and to sell and convey, lease or rent for the benefit of the town- 
ship, real estate, the title of which is vested in- them, in such 
manner and on such terms as they may deem best calculated to 
promote the interest of the township fund, provided, " that in all 
cases of sale of land, the sale shall be made at the same place, 



TRUSTEES. ^ 61 

and notice given in the same manner as is provided for the sale 
of the sixteenth section." They may receive [Sec. 39] " any gift, 
grant, donation, or demise made for the use of any school or 
schools, or library, or other school pur^DOses within their juris- 
diction." 

It is made the duty of the Trustees [Sec. 84,] when notice has 
been given to them by the School Commissioner that the inhabit- 
ants of the township desire to sell the sixteenth section, or any 
part thereof, to proceed immediately to divide the land to be sold 
into tracts or lots of not more than eighty acres each [Sec. 85,] 
executing a certified plat of said division, on which each tract or 
lot shall be numbered, which plat shall be filed with the School 
Commissioner. They shall afiix a value upon each tract or lot to 
be sold, and no lot or tract shall be sold for less than its said 
valuation [Sec. 88.] In cases where Common School lands have 
been valued or appraised by the Trustees, and remain unsold for 
two years (having been publicly ofifered for sale,) the Trustees 
may "vacate the valuation thereof [Sec. 91,] and cause a new 
valuation to be made, if La their opinion the interests of the town- 
ship will be promoted thereby." Said new valuation is to be 
rejjorted to the School Commissioner with plat. 

Trustees are required [Sec. 33] " to lay ofi" the town'Ship into 
districts to suit the wishes and convenience of a majority of the 
inhabitants of their townships, and shall prepare, or cause to be 
prepared, a map of their township, as often as may be necessary, 
on which shall be designated districts, to be styled district No. 

, in township No. , which they may alter or change at 

any regular session ; which map shall be certified by the president 
and clerk of the board, and filed with and recorded by the county 
clerk." 

The original doctrine of the 3Sd Section, as held by all the 
State Superintendents, was, that the inhabitants of the township, 
whose interests are vitally involved in the division of their ter- 
ritory into school districts, had the right and privilege to control 
such division, by representins: to the Trustees, in the form of vote 
or petition, their wishes and convenience. It was thought that 
such an understanding of the Section was justified by the very 
clear and explicit terms of the law itself. True, the Section does 
not provide any particular mode by which the wishes and con- 
venience of the people were to be expressed. But it was believed 



62 TRUSTEES. 

that tliis omission on the part of the Legislature was of design^ 
it being wisely left to the people themselves to elect such a mode 
of expressing their will as would be deemed most convenient and 
influential. Certainly. the Legislature could invest the people 
with the right to do an act, without specifying the very mode in 
which such act is to be done, especially when the party so author- 
ized to act was competent to elect any one of several modes 
which might be thought most simple, easy and convenient. 

It had transpired in some instances, that application had been 
made to the Trustees by a single individual or by a few individ- 
uals of a district, for a change of district boundaries to suit the 
private wishes and interests of such individual or individuals, 
without regard to the general advantage or convenience of others, 
and the application had been granted by the Trustees without 
consulting the wishes of a majority or of any considerable num- 
ber of those who were interested in the change. To prevent 
such injustice, the Department had issued general instructions to 
Trustees to restrain their action in all such cases until notice 
should be given to the people of the districts interested, and 
opportunity afibrded them to express their wishes upon the sub- 
ject of the proposed change. It was held to be the duty of 
Trustees to postpone action in such cases imtil the people could 
be heard, even though those ofiicers were satisfied, from repre- 
sentations made to them, that the change sought would not operate 
to the disadvantage of any interested. If the change proposed 
jDromised to be of general advantage, it was thought the people 
would not fail to express their acquiescence, while on the other 
hand, if the change sought would be likely to operate injuriously 
upon general and connected interests, it was due to the people 
that they should be allowed to express their sense of the proceed- 
ing, and remonstrate against the attempted wrong. Such ha^v^e 
been the opinions and instructions of the State Department with 
reference to the 33d Section, until its contrary meaning was fixed 
by a decision of the Supreme Court, which I will now notice. 

The decision was given in the case of Metz et al, School 
Directors, vs. Anderson et al, Trustees. The case was taken to 
the Supreme Court, on writ of error, from Schuyler County, in 
this State. The material points of the case, and upon which the 
decision turns, are these : The Trustees, in April, 1855, laid off 
and divided the township into nine districts, executing and filing 



TBirSTEES. 63 

plat, according to ]siw. Immediately, tlie inhabitants of district 
No. 9 organized by the election of Directors, &c,, pm-chased a 
school-house, and maintained schools until October, 1857 ; the 
Trustees, in October, 1857, at the instance of citizens of district 
No. 8, without the knowledge or consent of a majority of district 
No. 9, passed an order consolidating districts Nos. 8 and 9, under 
description of district No. 8, and made and filed a map accord- 
ingly. The inhabitants of original district No. 9, believing that 
the act of consolidation was illegal, as the change had been 
made withovit consulting the inhabitants of said district, and that 
the Trustees would, at theu* next regular meeting, rescind said 
act, proceeded to elect Directors, just as if no change had been 
m.ade. Immediately following the act of consolidation, district 
No. 8 (now including also district No. 9, according to the late 
action of the Trustees,) contracted a heavy debt in the purchase 
of a school-house, and levied a tax upon the whole district, as 
consolidated, to provide the means for discharging the debt. 
District No. 9. held that Dii-ectors of consolidated district No. 8 
had no jurisdiction within the limits of original district No. 9, 
and had no authority to assess upon property situated in said dis- 
trict No. 9, for the pm-pose of assisting in i)aying a debt impro- 
vidently contracted. Upon the facts as here stated, it was decreed 
by the Circuit Court 'of Schuyler County, that "the said defend- 
ants, and each of them, be perpetually enjoined and restrained 
from collecting any and all school tax levied and assessed against 
the jDroperty included in the boundaries mentioned [district No. 
9.] And that the defendants pay the costs of this proceeding." 
From the decision of the com-t below, the defendants sued out a 
writ of error, assigning, in part, that "the court erred in the 
order, decreeing a perpetual injunction, restraining the collection 
of taxes, as restrauaed." The cause came to a hearing before the 
Supreme Court at the January term, 1860, and the decision of 
the court below was reversed, and the bill dismissed, the opinion 
being rendered by Judge Breese. I subjoin the opinion of the 
Supreme Court, excepting introductory paragraphs, which are 
not material to an understanding of the decision : 

We think this case depends wholly upon the construction to 
be put upon the thirty-third section of the act of 1857, to estab- 
lish and maintain a system of free schools. ' (Scates' Comj)., 
440.) 



y 



64 TEUSTEES. 

That section provides " That Trustees of schools shall lay off 
the township into districts to suit the wishes and convenience of 
a majority of the inhabitants of the townships, and shall prepare, 
or cause to be prepared, a map of their township, as often as may 
be necessary, on which shall be designated districts, to be styled 
District No. — , in Township No. — , which they may alter or 
change at any regular session ; which map shall be certified by 
the President and Clerk of the Board, and filed with and recorded 
by the County Clerk, in a book to be kept for that purpose, to be 
paid for out of the County Treasury : Provided, that school dis- 
tricts may be formed out of parts of two or more townships" or 
fractional townships — in which case the Trustees of the schools 
of the townships interested shall act in conjunction in the forma- 
tion of such district. When a new district is formed from one 
or more districts, the Trustees shall make division of any tax 
funds which are or may be in the hands of any ofiicer, in propor- 
tion to the amount of taxes collected from the property remaining 
in each district ; and it shall be the duty of the officers to pay the 
same on the order of the Trustees." 

The charge in the bill is, that the order of October 5, 1857, re- 
districting the township by which districts eight and nine were 
consolidated to form district eight, w^as made without consulting 
the wishes and convenience of a majority of the inhabitants of 
district nine, or of the township at large. 

This allegation is denied by the answer, and the Trustees who 
made the order testify that at the time they made it, it did suit 
the wishes and convenience of the majority of the inhabitants of 
the township, as they then thought and believed, and still think. 

There is some proof to show that it was not inaccordance with the 
wishes or convenience of district nine, or of the township, but 
the law does 77 ot provide any mode by which these facts are to be 
ascertained. No vote of the people ; no petition is required ; but 
the Trustees are peremptorily required to lay off the township into 
districts; and they are directed, in so doing, to suit the wishes 
and convenience of the inhabitants of the township. There being 
710 7node provided by the act by which this is to be accomplished, 
the Board onust necessarily taJce the respo7isibiUty of deciding the 
quesHon, acting upon the best lights before them, and exercising their best 
•judgment. They must perform that duty; and their honest action cannot 
in this manner be inquired itito. But, we apprehend, if the views 
of the defendant's counsel be correct, the validity of this order 
of October 5, would not be affected by it; for the power to alter 
and change districts, when once established, is expressly given to the 
Trustees, hy the same section — the only limitation being, that it shall be 
done at a regidar meeting of the Board. 

The record shows^ that the consolidation of districts, which is 
no more than a change of the districts, was, at the regular Octo- 
ber meeting held for the purpose of equalizing certain districts. 



TETJSTEES. 65 

Those alteration^ and changes are, and must he, pecidiarly within the 
control of the Board, and if they err in their action, no fraud or cor- 
ruption being charged, this court cannot interfere. No palpable case 
is made out ; no gross injustice, oppression or corruption is shown. 

But if it could be shown that the order changing the districts 
by consolidating two districts into one, was an unwarrantable 
exercise of power, it might, with propriety, be claimed, that there 
has been an acquiescence in ii by the functionaries of the now 
complaining district nine. 

The evidence is, that this consolidation was made by an order 
passed October 5, 1857, and that immediately thereafter, the 
Trustees of nine surrendered to the Trustees of the district as 
consolidated, the possession of their school house, and all the 
books, papers and property belonging to district nine. The new 
directors of the consolidated district took possession of all of it, 
employed teachers, and maintained schools in it from that time 
until this bill was filed. The inhabitants of district nine send 
their children to those schools — many of those inhabitants voted 
at the elections held under the school law in the new district, and 
some of them were voted for for officers in the district. The 
Directors of the consolidated district, at the request, of the old 
Directors of nine, paid a large sum of money on the indebtedness 
of nine. The inhabitants further recognized the consolidation by 
petitioning the Trustees to rescind the order of consolidation, and 
place them back in the old district. 

These acts go far to show an acquiescence in the action of the 
Trustees of the township, and, at any rate, relieve the case from 
any imputation of gross injustice, oppression or corruption, and 
constitute, at least, good grounds for the refusal of the restraining 
power of a court of chancery. 

These acts, so acquiesced in, constitute the Directors who 
levied the tax in the consolidated district, officers, de facto., at 
least, and as against them and their acts, the remedy is at law. 
The tax was levied at the time prescribed by law, and on prop- 
erty, subject to taxation for school purposes in the district, and 
no irregularity is charged upon the mode or object. 

"VVe have said in Merrit vs. Ferris, 22 111., 303, that where irre- 
gularities are charged, equity will not restrain the collector of a 
tax levied by officers de jure or de facto ^ much less then, when no 
irregularities are charged ; and the same point was ruled in 
Munson vs. Wilson, ib. 602. In this case the court say : It is 
believed the cases are i-are, even when the tax had been levied 
by persons having no pretense of legal authority to make such 
levy, or in cases where the tax was not authorized by law, or 
where the warrant for collection was void, that courts have inter- 
posed to stay its collection ; that in case of a levy of an illegal 
tax a court of law has jurisdiction. If persons having no j)re- 
tence of legal authority were to levy a tax, or if persons not hold- 
5 



66 TRUSTEES. 

ing an office to -whicli the power to levy a tax is incident, or 
holding an office to which it is not incident, were to levy a tax, 
the court might interpose. But if officers, de facto or de jure, 
exercising an office to which the power is incident, exercise it, 
the courts will not interpose to prevent its collection. 

"We cannot, in such a case as this, try the right of the Directors 
who levied this tax, to hold their office, and do the act in virtue 
of it. If the tax is illegal and is collected, the remedy at law is 
complete to recover back the money paid. The right to exercise 
the office of Director can be inquired into by quo toarranto, or 
the original proceedings brought upon certiorari and revised. 

The remedy of the defendants, in every view of this case, if 
there be a wrong, is at law, but we think no wrong or injustice 
has been done, such, at least, as will warrant our interference. 

The decree of the court below is reversed, and the bill is dis- 
missed. 

The doctrine advanced by the Supreme Court here is plain, and 
amounts to this : that Trustees have the legal right and authority 
to lay off, alter and change school-districts, at any regular meet- 
ing, and no vote or petition of the people is necessary. This 
decision is precedent, and all opinions and instructions emanating 
from, this Department must conform thereto. I have chosen to 
insert this decision here, because I desired to have it stand in 
immediate connection with my comments upon duties and powers 
of Trustees under the 33c? Section. 

It is required that Trustees shall execute a map, showing the 
boundaries of school districts as laid off, which map or maps 
Bhall be changed to correspond with the changes and alterations 
made from time to time in the boxmdaries of districts within their 
townships. No change or alteration of districts can be legally 
■consummated, until ihe action of the Board enacting such change 
is put on record, and a map or plat made and filed with the 
County Clerk. 

Townships may be first laid off into districts at any meeting of 
the Trustees, but after the township is so laid off, the boundaries 
of districts can only be altered or changed at a regular meeting, 
held on the Ist Monday of April or the 1st Monday of October. 
If a proposition to divide, alter or change any district or districts 
has been submitted at a regular meeting and partially acted upon, 
the business may be finished up at an adjourned meeting held on 
another day, and it is held that such action is lawful. 

Districts may be formed out of two or more townships \_Sec. 



TEirSTEES. 67 

33,] in whicli case it is required that the Trustees of the townships 
interested shall act in conjunction. When so formed, districts 
cannot be altered or changed without the conjoint action of the 
Trustees, as in case of formation of such districts. It is not 
necessary that the separate Boards meet in Joint session, but only 
that a majority of each Board agree to the action proposed. 

3. The District. — The Trustees are required [Sec. 34] to make, 
at each regular semi-annual meeting, an equitable partition and 
distribution of the State, county and township funds on hand and 
ready for distribution at the time of such regular meeting. The 
conditions upon which the semi-annual apportionment of school- 
moneys is to be made are stated in the 34^A /Section, viz. : First, 
two per cent, of the amount on hand and to be apportioned, is to 
be deducted and paid to the township Treasurer, as compensation 
for the custody and disbursements of the funds entrusted to him ; 
Second, whatever may be due for books of Treasurer; Third, 
such an amount as may be necessary for the purpose is to be 
deducted to pay any expenses legally incurred by the Board in 
dividing school lands, making plats, or for the purchase of books, 
stationery, &c., for their own use; Fourth, "of the balance, one 
half shall be divided among the districts in proportion to the 
number of children under twenty-one years of age in each, and 
the other half in proportion to the attendance certified in the 
schedules." 

The basis of apportionment, as quoted from the Law, in the 
last clause of the foregoing paragraph, was determined upon by 
the Legislature, after much and patient discussion, as being the 
most equitat)le and politic that could be enacted. The apportion- 
ment is, in design, a capitation grant of money for the education 
of the children of the State. It is as if the State had, from closest 
calculation, ascertained the minimum cost^er child of a common 
school education, and had engaged to furnish the means, accord- 
ing to such minimum rate of schooling, for educating every child 
of school-going age within her borders. This is the theory of 
the Law. The end proposed by the State sometimes fails prac- 
tically/, for the amount appropriated to each and every child is 
not always equal to the cost of the education of each and every 
child. Then, the deficiency is supplied by local means. If the 
money which the State gathers from various sources, and consoli- 
dates into a common-school fund, is raised for the specific and 



68 TETJSTEES. 

only pui-pose of giving to each and every child a free education 
in the district school, then clearly the money thus raised should 
be so api^ortioned and distributed that each and every child who 
is being educated shall receive the benefit of the grant. This end 
is secured in the apportionment law, as contained in the 34iA 
Section. Anj other basis of apportionment would be illegitimate. 
To disburse this fund upon a territoricd basis would be unjust, 
because in that case the money would go where the territory is, 
and often the territory is found where the children are not. To 
apportion the money upon the basis of assessed valuation of prop- 
erty would be illegitimate, as respects the purpose of the State in 
giving the money, for the reason that the least wealthy and pros- 
perous portions of the State may be the most populous, and again 
the money would go where the children are not. To distribute 
the funds upon the hdi^is oi whole popiUation, \nc\udimg adults, 
would be illegitimate, since the money is devoted to children and 
not to adidts, and so, in the j)recise proportion that adults were 
included in the enumeration would children be deprived of their 
rights, as contemplated by the Law. But when the doctrine is 
avowed, as it is in the Law, that the school money of the State 
shall be expended for the schooling of the children of the State, 
the basis of distribution must be children. And so it is. " One 
half shall be divided among the districts in proi^ortion to the 
number of children under twenty-one, and the other half in pro- 
portion to the attendance certified in the schedules." The money 
is given only to districts in which schools are kept, so that the 
State guards, as far as practicable, against any useless expenditure 
of its funds, by denying to districts where no schools are, any 
participation in the common bounty. The money is given in 
increased proportion to those districts which show a maximum of 
time during which schools are kept in oiDcration, and a maximum 
of attendance during the time the schools are kept open. Thus, 
the common school money is distributed where it is shown the 
children are attending school, and its proportion is increased, as 
the school-going population manifests its appreciation of the 
public benefit by constant and regular attendance. 

The following instructions of Mr. Bateman, explanatory of the 
duties of Trustees under the apportionment law of the Mth Sec- 
tion, are inserted for the benefit of those who need them : 

" 1. The first step is to ascertain the whole amount on hand, 



TRUSTEES. 69 

and ready for distribution. And here I would recommend that 
only cash in hand be apportioned. So many instances have been 
reported to this Office, in which the interest due on the township 
fund, but not paid, has been aj)portioned to the districts, upon 
the most positive promise of the parties that it would be promptly 
paid, and where such jjromises have not been kept, and teachers 
and other creditors have been disaj)23ointed, and misunderstanding 
and trouble have resulted, that I am decidedly of opinion that 
the better way is, for Trustees not to rely upon such uncertainties, 
but to apportion, as cash, that which is cash, leaving interest, 
&c., due but unpaid, for the next distribution. 

" 2. The second step is to divide the amount on hand, into 
two equal parts. 

" 3. The next step is to apportion these sums to the several 
districts. To apportion, and to distribute, or pay out, are very 
different. The former is to estimate and determine the just share 
accruing to each district. The latter is to actually dispose of 
the sums thus ascertained to be due, to the parties authorized to 
receive them. Days, or months even, may elapse, between ap- 
portionment and distributioia. 

" 4. The last step in the process, is to pay over the money, as 
required by the Directors, in their certificates on the schedules, 
or by a special order. 

" Let us take a case : 

" I. We have ^5,000, on hand. 

*' IL We divide into equal part«, |2,500, eacli. 

"III. We apportion $2,500, on census. 

" There are four Districts in the Township, from which the re- 
turns of children, under twenty-one are as follows i 

District No. 1 has 800 children. 
District No. 2 has 100 children. 
District No. 3 has 600 children. 
District No. 4 has 500 children. 

Total 2500 children. 

*' We then eay : 

Census Census Dollars. Dolls, cts. 
2600 : 800 :: 2500 -. 769 23— Amount due District No. 1. 
2600 : "700 :: 2500 - 6*13 08— Amount due District No. 2, 
2600 : 600 :•: 2500 : B1-6 92— Amount due District No. 3. 
2600 : 500 :: 2500 : 480 17— Amount due District No. 4. 



2600 : 2600 :: 2500 ; 2500 00 Proof. 



^6 TEUSTEBS. 

" IV. We now apportion $2500, on attendance certified in the 
schedules, 

" The grand totals of days' attendance, certified in the several 
schedules are as follows : 

District No. 1 reports 12000 days. 
District No. 2 reports 8000 days. 
District No. 3 reports 6000 days. 
District No. 4 reports 4000 days. 



Total 


_ 30000 da-5 


" We then say as before : 


Days Days 


Dolls. Dolls, cts. 


30000 : 12000 : 


2500 : 999 99- 


30000 : 8000: 


2500 : 666 66- 


30000 : 6000: 


2500 : 499 99- 


BOOOO : 4000 : 


2500 : 333 36- 



-Amount due District No. 1. 
-Amount due District No. 2. 
-Amount due District No. 3. 
-Amount due District No. 4. 

30000 : 30000 :: 2500 : 2500 00 Proof. 
" Our Treasurer then makes entries in his Cash Book as fol- 
lows: 

A. B. , Treasurer of T R , &c. 

In account with District No. 1. 

To distributive share on census $769 23 

To distributive share on schedule 999 99 

Amount $1169 22 

And in the same manner, for each District. 

" The money is now duly apiyortiotied to the Districts. The 
Trustees have nothing more whatever to do with a dollar of it, 
except to instruct the Treasurer to pay it out on the proper order 
of the Directors." 

In making the semi-annual apportionment and distribution of 
school moneys to the districts, the Trustees should faithfully apply 
and rigidly enforce the legal condition, commonly known as the 
six-months rule, excepting in cases where the operation of that 
rule has been temporarily suspended for the relief of any certain 
district by authority of the State Department. The doctrine of 
the six-months rule is this : No district is entitled to share in any 
wise in the distribution of the school fund, which has not kept in 
operation a free school for six months at least during the School 
year next preceding that in which demand is made for payment. 
To illustrate the application of this rule, take the cases of two 



TRUSTEES. ~ 71 

districts, No. 1 and No. 2. In district No. 1 a free school was 
kept in operation for six months during the school year commenc- 
ing October 1st, 1862, and closing September 30th, 1863,* but no 
school has been kept in said distiict since the commencement of 
the present school year, October 1st, 1863. Under the law, said 
district No. 1 would be entitled to draw public money at the 
April and October apportionments, 1864, because it had complied 
with the six months condition, and had kept a free school for 
six months during the school year next preceding that in which demand 
was made for payment. District No. 2 kept no school for six months 
during the school year, commencing October 1st, 1862, and end- 
ing September 30th, 1863, but has kept a school for six months during 
the school year, commencing October 1st, 1863. Under the six- 
months rule, district No. 2 could not be entitled to any public 
money in April and October, 1864, for the reason that it had not 
complied with the condition, and had not kept a school for six 
months during the school year next preceding that in which the 
demand was made for payment. District No. 1 is entitled to 
draw public money this year on account of school kept last yeo/r^ 
but wiU/az? to draw next year on account of failure to keep a six- 
months school this year. District No. 2 is not entitled to draw 
public money this year on account of its failure to keep a six- 
months' school last year, but will draw public money next year on 
account of school kept this year. In other words, the rule always 
has reference to the school year next preceding. 

The six-months rule does not apply to districts newly organized. 
If a district was first organized October 1st, 1863, and has kept 
school for any length of time since, it is entitled to draw public 
money in April and October, 1864, but its further right to draw 
money will depend upon its further compliance with the six-months 
requirement. 

It is not required that a school be kej)t in operation for six 
consecutive months dming any school year to entitle the district 
in which said school is kept to draw public money. It is sufficient 
if the school is kept in operation for , six months, though one term 
of the school be held in one part of the school year, and another 
term of the school be held in another part of the school year. 
If the terms taken together are equal to six months, the district is 

* Every scliool year commences October 1st, and closes September 30th. 



12 TRUSTEES. 

entitled to draw public money, provided that the terms be held 
during the same school year. 

It is required by the six-months rule, that each district shall 
keep a school in operation for six months during each and every 
school year. If a district has kept a school for nine months during 
last school year, and has kej^t a school for only three months during 
the present school year, it is not legitimate to carry over the three 
months' excess of last year to make up. the deficiency of this year. 
True, the school has been kept twelve months during the two years, 
but the condition of the law is, that school shall be kept for six 
months in each and every school year, which is not true of the 
district named, no school having been kept for six months during 
the present school year, and so the condition is not satisfied. It is 
not lawful, therefore, for Trustees to average the time a district 
may have kept school for a course of years, and apply the excess 
of time in one school year to make up the deficiency of time of 
another school year. 

The duty of Trustees is to enforce this condition of the law 
with the most inflexible strictness and fidelity. Every delinquent 
district should be firmly and peremptorily denied the benefit of 
any participation in the semi-annual distribution of the public 
funds. All the Trustees need to know, is the fact of delinquency, 
not the causes of it. They have then but one course to pursue, 
viz. : to withhold the public money. Even though they may hnow 
that the failure to comply with the law was occasioned by severe 
and unavoidable misfortunes, and that the withholding of the 
public money will work a hardship toward the sufiering district, 
yet they have no power to suspend the course of the law. Relief 
in such cases must come from another source., and unless it shall 
come from that other source, it cannot come at all. The State 
Superintendent may interpose, for adequate cause, for the relief 
of a sufiering district, and may require the Trustees not to with- 
hold the public money, in which case the district will be admitted 
to share in the distribution. But in the absence of specific instruc- 
tions from the State Superintendent, relieving a district from the 
operation of the law, the Trustees have no alternative — the law 
must be enforced. 

In making the semi-annual apportionment. Trustees are required 
\_8ec. 34] to distribute to the districts of their township, " one half 
[of the distributive fund] in proportion to the attendance certified 



TRUSTEES. 73 

in tlie schedules." Before apportioning upon schedules, Trustees 
should satisfy themselves that they are conformed, in all material 
2yoints, to the form of schedule as given in Section 53 of the 
School Law. The schedule is the only substantial and reliable 
evidence that the Trustees have to assure them that the school 
was " conducted according to law." It must therefore fully and 
fairly exhibit the facts required by law, and must be accredited 
\^Sec. 53] by the certificates of the Teacher and at least two 
Directors. If it be discovered that the schedule is not in proper 
form, or that it does not conform to the law in any material point, 
it should be returned (if possible) to the Directors for amend- 
ment. No advantage should be taken of any merely technical 
non-conformity to the law, and the interests of the district should 
not on any such account be prejudiced, through the ignorance or 
inadvertence of its officers. Although by a strict and technical 
test, a faulty schedule might be rejected, and the Trustees would 
be ^e^a^/y justified in such rejection, yet fairness and kind dealing 
would suo-g-est the reference back of the defective instrument for 
purposes of correction and amendment. The case is different 
where the Trustees know, or have good reason to suspect, that 
deception or fraud is meditated. Under such circumstances, a 
careful investigation should be entered into, that the attempted 
dishonesty may be exposed. Before apportioning upon schedules, 
however, the Trustees should requu-e that they be substantially 
conformed to the Law, as found in Section 53. 

It is not required of schedules that they cover each a period of 
six months, before they can be apportioned upon. It has been 
akeady said that a school need not be taught six consecutive 
months to entitle it to share in the semi-annual distribution, but 
it may be kept two terms of three months each, or differently, so 
that it be kept open for at least six months during the school year. 
Schedules which are returned in time, from districts which have 
complied with the six-months requirement, must be apportioned 
upon, without any reference to the number of months embraced 
in them. 

Schedules are required to be filed by Directors \^Sec. 54] at 
least two days before the semi-annual meetings of the Trustees in 
April and October. The schedules to be entertained by the 
Trustees are those and those only which relate to schools kept 
during the six months next preceding each regular meeting of 



74 TRUSTEES. 

the Board. At any regular meeting of the Trustees, those sched- 
ules and those only which pertain to schools kept during the six 
m®nths immediately next preceding the time of such regular 
meeting, will be entertained and apportioned upon. For example : 
At the Trustees meeting to he held on the Ist Monday of October, 
1864, the schedules of all Schools in the township which shall 
have been kept since April 1st, 1864, will be passed upon by the 
Trustees. But the schedule of a school kept during the months 
of January, February and March, 1864, or at any time prior to 
their regular meeting in April, 1864, will not be entertained by 
the Trustees at their meeting in October, 1864, because said 
schedule is not returned to them " at the time fixed by law." 
The time fixed by law for the return of that schedule was April^ 
1864. Distmctly, the schedules of all schools taught from April 
1st to September 30th of any school year, must go before the 
Trustees at their regular meeting in the October following ; the 
schedules of all schools taught from October 1st to March 31st 
of any school year must be presented to the Trustees at their 
regular meeting in the ensuing April. If a school commence on 
the 1st of March of any school year, and continue three months, the 
schedule for March must be passed upon by the Trustees at their 
regular meeting in April, and the schedule for April and May must 
go before the Trustees at their regular meeting in October follow- 
ing. All schedules are passed upon and disposed of at each 
regular meeting up to date, and Trustees can take no official cog- 
nizance of schedules presented to them which date back to a period 
longer than six months from such presentation. 

"Where separate schedules are returned to the Trustees, show- 
ing the attendance of pupils at a school in a certain district which 
have been transferred from another and adjoining district, it is 
the duty of the Trustees to apportion upon said separate sched- 
ules, as is referred to in Section 35. In making the apportionment 
upon separate schedules, the Trustees will remember that each 
district in their township is entitled to receive all the money due 
on schedules of its own pupHs, wherever they may have attended school, 
whether in their own district or in another. The district to -which 
the children belong is entitled to all money apportioned upon their 
attendance at school, whether the register of such attendance be 
kept at their own district school, or in a neighboring school, situ- 
ated in another district. Whenever, then, a separate schedule 



TRUSTEBS. Y5 

comes before them, the money to be apportioned upon that sched- 
ule is due to the district where the children reside whose attend- 
ance is certified to in said separate schedule. Say ten children 
who reside in district No. 1, have attended school in district No. 
2, which attendance has been certified to by the Teacher and 
Directors of No. 2 in separate schedule. The money apportioned 
upon such separate schedule will go to district No. 1, and the 
means are thus furnished to No. 1 to discharge the expense which 
the foreign schooling of its children has entailed. By authority 
conferred in Section 35, the Trustees, after having apportioned 
upon the separate schedule as above, and having ascertained the 
amount due the Teacher in district No. 2 on said separate sched- 
ule, for tuition of children belonging to district No. 1, may imme- 
diately order their Treasurer to pay the amount so due to said 
Teacher, out of moneys belonging to district No. 1. 

If, in the case supposed, district No. 1 and district No. 2 are 
situated in two townships, the separate schedule should be re- 
turned by the Du'ectors of No. 2 to the Trustees of the township 
in which No. 1 is situated, that the apportionment may be made 
upon the basis of aggregate attendance certified to in both the 
regular schedule of No. 1 and the separate schedule returned 
from No. 2. It is precisely the same as if two schools had been 
taught in No. 1. 

Upon the supposition that No. 1 had either kept no school or 
had forfeited its right to share in the apportionment, the course to 
be pursued will be the same, the Directors of No. 1 being required 
to provide, by special means, for the payment to No. 2 of the 
tuition of their transferred pupils, just as if said pupils had not been 
transferred, but had been taught in their home school. 

If the non-resident pupils attending school in No. 2, as sup- 
posed, live in an unorganized district, the Directors of No. 2 will 
coUect tuition of the pupUs themselves, or of their parents or 
guardians, just as in the case of persons attending school over 
twenty-one years of age. 

Trustees are required, [Sec. 39] when a district shall be divided, 
or a portion of one district is set off to another, to divide the 
funds, property, &c., of the original district, and distribute the 
same to the several parts interested therein. If the property 
shordd be sold, (as may be done, under Secti07i 39,) then the pro- 
ceeds of the sale must be equitably divided and distributed. 



16 TEUSTEES. 

Provision is made [Sec. 39] for selliBg the school-house and 
premises of a district, when in the opinion of the Directors said 
house and site have become minecessary, unsuitable, or incon- 
venient for the use of the district. The Trustees are authorized, 
in such cases, to sell the property, at the instance of the Direct- 
ors, after giving twenty days' notice of such sale, " by posting 
Tip written or printed notices in iDublic places, particularly de- 
scribing said property and terms of sale, and such conveyance 
shall be executed by the president and clerk of said Board, [of 
Trustees] and the avails shall be paid over to the township Treas- 
urer for the benefit of said district." 



TEEASUREE. 7^ 



TOWNSHIP SCHOOL TREASURER. 

APPOINTMENT. 

The Treasurer af Schools for each township is appointed [See. 
32] by the township Board of Trustees. He is entitled to hold 
his office during the term for which said Trustees were elected, 
and until his successor shaU have been appointed, and shall have 
executed a bond, as required by law, imless he shall be sooner 
removed from office by the Trustees. 

Before entering upon the duties of his office, the Treasurer is 
required [Sec. 55] " to execute a bond, with two or more free- 
holders, who shall not be members of the Board, as securities, 
payable to the Board of the township for which he is appointed 
Treasurer, with a sufficient penalty to cover all liabilities which 
may be incurred, conditioned faithfully to perform aU the duties 
of township Treasurer, according to law." The bond, when 
executed and approved by the Board, shall be filed with the 
School Commissioner of the county. The form of Treasm-er's 
bond is given in Section 55. For neglect of duty, or malfeasance 
in office, the Treasurer may be sued on his bond, suit being 
brought \_Sec. 40] by the Trustees. Upon the election of a new 
Board of Trustees, or the re-election of an old Board, the Treas- 
m*er should execute a new bond. This is not only requii'ed by 
law, but is necessary in justice to the securities, and for the due 
protection of the public money. No Treasurer should be re-ap- 
pointed until his accounts for his preceding term of office have 
been carefully examined and audited by the Board of Trustees, 
and until the Board shall be entirely satisfied of his fidelity and 
efficiency. On retiring from office, it is the duty of the Treasurer 
\_Sec. 65] to pay over to his successor all moneys in his possession 
pertaining to his office, and deliver over all books, papers and 
documents of every descrijDtion, belonging to the corporation, 
and which may have come into his hands by vii'tue of his office. 
In default of such delivery, he is liable to penal damages [Sec. 
65] to be collected at law. The Treasurer should be a resident 
of the township. 



^8 TEEASUKEE. 

DUTIES A]SrD POWERS. 

I shall separate the duties and powers of Treasurers into those 
which pertain to The Township — The Districts. 

(1.) The Toionship. — The Treasurer is ex officio clerk of the 
Board of Trustees. As such he is required \_Sec. 56] to enter in 
a book provided for the purpose the proceedings of all the meet- 
ings of the Board, recording all their doings, registering all their 
rules, orders, resolutions, &c., that they may be preserved in per- 
manent form for future use and reference. The book so kept shall 
be at all times open to the inspection and examination of the 
Trustees and any others interested in the doings of the Board. 

(2.) The Treasurer is required [Sec. 56] to indite and keep in 
his possession the township (school) records, and is also the legal 
custodian of all papers and documents belonging to the township. 
These records shall be kept in three volumes, the first book to be 
called the " Cash Book ;" the second, the " Loan Book ;" the 
third, the " Record." In the Cash Book shall be kept a debit 
and credit account of all moneys (properly separated and classi- 
fied) received and paid out by him. In the Loan Book shall be 
kept an accoimt of moneys loaned by him, and returned to him, 
noting particulai'ly the Mnd of money loaned, the amounts, the 
parties to whom loaned, the time, rate of mterest, &o. In the 
Record shall be entered a particular description of all notes, 
bonds, or other evidences of indebtedness which he may hold, or 
which may from time to time come into his possession. At each 
semi-annual meeting of the Board of Trustees, (and oftener, if 
required,) it is the duty of the Treasurer [Sec. 38, 63] to lay before 
the Trustees a statement of the business of his office, and to sub- 
mit to their inspection and examination all books, papers, etc., 
pertaming to his office, and to give such other full and detailed 
account of his official conduct as may be demanded. 

(3.) It is the duty of the Treasurer (as agent of the Trustees) 
to collect and forward annually to the School Commissioner, at 
such times as may be required by the State Superintendent, all 
the school statistics of his township, embodying the whole in a 
full and plain report, as prescribed in Section 36 of the School 
Law. 

(4.) ^ The Treasurer is the custodian of all township funds 
belonging to the schools of his township, and is requked to hold 
and use them as directed by law. He is the agent of the town- 



TKEASUEEK. 79 

ship (corporately represented by its Board of Trustees) for the 
management of all its fiscal affairs, so far as its school mterests 
are involved. As such, he is authorized to loan the township 
funds, upon terms and conditions prescribed in Section 57. It is 
the duty of the Treasurer, before entrusting any portion of the 
township money to one desiring or proposing to borrow, to assure 
himself perfectly by cautious inquiry and examination, of the 
resiJonsibUity of the aj)plicant, to search into and scrutinize the 
character of the proposed personal securities, and to determine 
satisfactorily, by an appeal to the assessor's record, or otherwise, 
the condition and value of the real estate offered in mortgage, 
and to decline any negotiation with parties unless he is thoroughly 
satisfied that the mterests of the township may be secured against 
loss. When perfectly satisfied of the safety of the investment, 
he should require the securities to be executed, according to the 
provisions of Section 57, 58. 

An amendment with reference to the rate of interest governing 
school-money loans, and which was intended to define precisely 
the meaning of the Law relating to that subject, was proposed 
during the meeting of the last Legislature, and but for the sudden 
and unexpected adjournment of that body, would have been 
passed. The amendment referred to was explanatory of the b^th 
Section, appointing the rate of interest specified in that Section 
as the maximum per cent., and expressed in words the discretion 
which it was thought to be the intention of the Law to confer. 
I re-publish a portion of a Circular, issued from this Department 
on that subject, soon after the adjournment of the Legislature : 

The necessity for the change proposed was found in the fact 
that the Law, always construed with the utmost strictness by 
school ofiicers upon this subject, seemed to deny the right to loan 
school-funds at any other rate of interest than ten per cent. Cor- 
rectly understood, it is believed that the Law does not deny that 
right, but in specifying a rate per cent., as found in Section 57, it 
is only intended to fix the maximum per cent., and not an unvary- 
ing figure from which no deviation will be indulged. Otherwise 
the very object of the Law would, in many cases, be defeated, 
since it might not always be possible to loan moneys at the maxi- 
mum rate. Every consideration of prudence and sound policy 
would urge upon the Legislature the necessity of providing 
for the perpetual productiveness of the school fund, and it 
would be a policy as short-sighted as ruinous which would 
operate prohibitively upon school-loans, and render so large an 



80 TEEASUEEE. 

amount of capital useless and unproductive in the hands of school 
officers. 

Let us look at the facts a moment. The total principal of the 
township school-fund of this State amounts to, say, in round 
numbers $4,000,000. The interest accruing from this fund consti- 
tutes a part of the distributive school-moneys of the State, and is 
used, as far so it may avail for such purposes, to support our com- 
mon schools. Hitherto the rate of interest vv^hich our school- 
capital has commanded has been ten per cent. ; so that the annual 
interest-fund accruing from the loan of township moneys, and 
upon which our common schools have partly depended for sup- 
port, has amounted to $400,000. A sum so considerable as this, 
it must be apparent, is so material a dependence that its with- 
drawal from the distributive fund of the State must be attended 
with very serious embarrassment to the schools, and result in 
many cases in the material shortening of the school-term, and in 
other cases in the entire suspension of the schools. And yet, if 
it be contended that the Law reqiiires that all loans shall he made 
at ten per cent., and ten per cent, only, the practical effect of such 
an interpretation IS to withdraw from the distributive fund an amount 
equal to the interest accruing upon such loans at the established rate per 
cent. This effect will follow, because township Treasurers are 
unable now to find borrowers of the school-fund at ten per cent. 
interest, and without an opportunity for investment the .funds 
must lie idle and unproductive upon their hands. 

It seems unnecessary to refer to the causes which have pro- 
duced this state of things. The unprecedented expansion of our 
currency, resulting from the late enormous issues of United States 
Treasury notes is the immediate cause. There is now in the coun- 
try a superabundance of money caj)ital, and investments are 
eagerly sought at rates of interest ranging from six to eight per 
cent. The latter figure, or a lesser one, it may be, will constitute 
the maximnj^n rate per cent, on loans for years to come ; and under 
such circumstances it is simply impossible to find investments for 
funds at ten per cent., and that, too, under the more rigid condi- 
tions of the School Law, by which borrowers are tied down to an 
accountability not only most strict, but often most inconvenient. 
If it be held that the Law forbids (which cannot be maintained) 
the loaning of the school-fund at any other rate than ten per 
cent, then all the school-moneys found in the hands of township 
treasurers, amounting in all to nearly |4,000,000, are resolved, by 
the invincible necessities of the times, into a dead and unpro- 
ductive capital, and our common schools are to be deprived of 
the material succor which the interest on that amount would 
afford them. 

The School Law requires that "the Treasurer shall loan all 
moneys which may come into his hands by virtue of his office." 
The section is not advisory, but mandatory. " The rate of in- 



TKEASUEEE. 81 

terest shall be ten per centum." The Law commands that to he 
done, which, under present circumstances, can not he done, if Ti*eas- 
urers be allowed no discretion. That the Law intends this will 
not be presumed. What the law contemplates is simply this : 
that the school fund be rendered as largely productive and as per- 
petually productive 2i% possible; and that when vested (which is 
peremptorily required, that the fund may incessantly yield its 
annual profits) it shall be at the highest current rate of interest, 
not at a rate higher than the highest, which would preclude invest- 
ment at all, and defeat the evident intention of the Law. In 
1857, when a rate of interest was established, the standard rate 
per cent, was that which is now expressed in the Law, and capital 
found ready borrowers, and has, until recently, at ten per cent. 
If, when the School Law was jDassed, the standard rate of inter- 
est had been eight per cent, instead of ten, then eight per cent, 
would have been the maximum rate prescribed in the Law. And so 
of any other rate of interest which might be supposed. In short, 
it was unquestionably the intention of the Law to provide for the 
increase of the school-fund from year to year, by commanding its 
investment at such a rate per cent, as would yield the largest 
revenue for school purposes. 

Believing that I have correctly conceived and expressed the 
intention of the Legislature in directing the loaning of the schoolfund, 
and that it is the purpose of the Law to provide for its largest pro- 
ductiveness hy perpetual investment, and being convinced that with- 
out some immediate official interposition for the protection of this 
great interest, the Common Schools of our State must suffer a 
serious, if not an irreparable injury, I have determined to recom- 
mend to school Trustees, whenever in their judgment it is clearly 
necessary, to authorize the Treasurers of their townships respect- 
ively to loan the school-moneys of the township at any rate per 
cent., not less than six, which they may determine. I feel justified 
in recommending this expedient, for several reasons : 

1. It is the duty of the State Superintendent to provide, by 
such mean's " as he may think necessary and expedient," for 
carrying into "full effect the provisions of this Act," and to 
"explain, interpret, and determine, the true intent and meaning" 
thereof. I have accordingly stated indisj)utably the true intent 
and meaning of the Law, which is that the township school-fund 
be rendered perpetually productive by permanent investment as a 
loan, at the highest current rates of interest. 

2. The recommendation does not involve a violation of Section 
57, nor affect in any way the general integrity of the School Law, 
but is simply explanatory of its intent and meaning. The views 
herein exj^ressed are confirmed by others whose opinions are en- 
titled to consideration, and I am assured by high judicial author- 
ity that the course of action here recommended will be sustained 
by the courts. 

6 



82 TREASUEEE. 

3, Universally approved as the recommendation mnst be, the 
provisional remedy here suggest(;d is not likely to lead to any 
actual dissatisfaction before "the meeting of the next Legislature, 
at which time the present ambiguity of the law can be removed, 
and its true meaning more precisely defined. 

Township Treasurers are not authorized to loan funds for less 
than sir months, nor more than five years. For all loans of one 
hundred dollars or less, for one year or less, approved personal 
securities shall be taken ; for all loans exceeding one hundred 
dollars, or for all sums loaned for more than one year, real estate 
securities shall be required, duly executed in the form of mort- 
gage, the real estate so mortgaged being unincumbered, and in value 
equal to double the amount of money loaned. Additional security 
may be requked, when deemed necessary. " A mortgage upon 
real estate, which has been recorded, does not lose its lien or 
pi'iority, by failing to foreclose when it becomes due. It retains 
its lien lantil the debt becomes barred by the statute of limita- 
tion," 

Treasurers are required to exercise a careful and constant vigi- 
lance over the amounts loaned by them and outstanding, atid to 
make prompt collections of interest as it falls due. Authority is 
conferred upon Treasurers \_>Sec. 61] to institute legal proceedings 
against borrowers of the township school funds in cases where 
interest is due and unpaid, and under this authority payment may 
be enforced against defaulting parties after the interest has be- 
come due. This law makes it the duty of the Treasurer to pro- 
ceed to the collection of all claims due the township, after they 
shall have matured ; and if, in consequence of neglect, any loss 
accrues to the township, he (with his securities) becomes liable 
■Rpon his official bond. If, however, the delay to collect, as author- 
ized by Section 61, be occasioned by an order of the Board of 
Trustees, (who it would seem have power to control the action 
of th§ Treasui'er in the premises,) duly passed and entered upon 
their record, and in consequence of such delay or failure to col- 
lect, loss accrues to the township, then in that case, the Trustees 
are liable and not the Treasurer. All that is required by the law 
of Section 61 is, that the Treasurer be so watchful and active 
with reference to claims due the township that no loss may 
be sustained by the delmquencies of borrowers. A sound judg- 
ment should be exercised, and extreme measures only resorted 



TEEASITEEE. 83 

to "vvlien they are really necessary to protect the township against 
loss. 

By Section 61, interest at the rate of 12 per cent, may be 
charged and enforced at law against parties borrowing school 
funds, upon default of payment of principal when the principal 
becomes due, said increased rate of interest to be charged from 
the date of default. " Two classes of cases are embraced by this 
Act; one, where interest is due and unpaid; the other, where 
principal is due and payable. In the former case, the amount of 
xmpaid interest bears interest at the rate of twelve per cent, per 
annum, and it maybe sued for and recovered in a separate action. 
In the latter case, the piincipal bears interest at the rate of twelve 
per cent, per annum from the time it falls due. The provisions 
of this Act do not apply to the j^rincipal when the debtor is in 
no faiilt respecting it. It is only when iho. principal is due and 
payable that the rate of interest upon it is increased. A different 
construction of the Law could render it highly penal in it» char- 
acter. If twelve per cent, interest was to be charged upon the 
principal on every failure to make a payment of interest^ it would 
operate very severely upon the debtor. Loans may be made for 
five years, and the penalty for failing to pay a few installments of 
interest might exceed the principal debt. Such a construction 
ought not to be put upon the Law, unless it manifestly appears 
that it was the design of the Legislature," — Ml. Rep. vol. xiv, p. 
371. The doctrine of the Qlst Section is, then, that all interest 
accruing after it is due and payable bears interest at the rate of 
twelve per cent, till paid; and ih^X principal., after it is due and 
payable, bears interest at the rate of twelve per cent, till paid, 
said rate being collectible by law. In cases arising at law, and 
decided under this Section, the interest as aforesaid will be 
included in the judgment, and collected accordingly. 

Trespassers upon common school lands are liable to be indicted 
and fined for every act of trespass committed by them, \^Sec. 82] 
and all fines and penalties so assessed and collected under this 
clause, are payable to the Treasurer of the townsh'p in which 
such action is had, the Law providing that the amounts so col- 
lected shall be added to the principal of the township school fund. 

Township Treasurers or Trustees cannot borrow the school 
funds belonging to their own townships. 

The Districts. — The Treasurer is the legal custodian and dis- 



84 ' TEEASITEEE. 

Tbursing agent of the several districts in his township. The 
amount of money apportioned to each district from the distribu- 
tive fund by the Trustees at the regular simi-annual meetings 
of the Board, is paid over by the Trustees into the hands of 
the township Treasurer for the use and benefit of, and subject to 
the order of the Directors of said district. In like manner, 
moneys raised by special district taxation, or from the sale of 
district property, are confided to the Treasurer for safe keeping, 
and are to be paid out upon the order of the Directors of the dis- 
tricts respectively to which such funds belong. School Directors 
cannot withdraw the moneys belonging ^o their district from the 
hands of the township Treasurer, and place them in the cus- 
tody of another person whom they may appoint as District 
Treasurer. 

Orders drawn upon Treasurer for District funds by Directors 
must be legally accurate and specific, or they may not receive 
attention fi'om the Treasurer. The order, when paid, is filed by 
the Treasurer, and is of the nature of a voucher, and must hence 
be specific and correct. 

An order, to be legal, must be signed [^S'ec. 67] by a majority 
of the Board of Directors, or by the president and clerk of said 
Board. 

An order to be legal, must state specifically the object and pur- 
pose for which it is drawn. "And in all such orders shall be 
stated the purpose for which and on what account drawn." 
[Sec. 67.] 

A Treasurer has no right to go behind an order, to inquire into 
the propriety of its issue, or the correctness of its amount. If it 
be drawn in legal form,. and for a legal purpose, and he have 
money in his hands devoted to the purpose for vihich the order is 
drawn^ he should promptly pay it, without delay or objection, 
upon presentation by the rightful holder. If he have no moneys 
in his hands belonging to the district issuing the order, that cause 
of failure to pay the sum ordered should be immediately reported 
to the Directors. If the Treasurer suspect that the claim for 
which the order is drawn is a fraudulent one, he may advise the 
Directors accordingly, but if the order be re-presented and its 
payment ui-ged, it is his duty to pay it, taking receipt and filing 
it with the order, which wiU legally protect him from conse- 
quences. No responsibility can in such case attach to the Treas- 



TREASUREE. 85 

urer, but the whole responsibility wiU devolve upon the Directors. 
It is to be borne in mind that the moneys belong to the district 
and not to the Treasurer, who is simply the keeper and holder of 
the moneys, and is the official agent of the Directors to pay them 
out as the Directors may order. But the Treasurer should not permit 
the misap2ilication of inoneys in his hands, even on the order of 
the Du-ectors. If, for instance, he has in his hands special funds 
which have been raised to purchase school sites, or to hicild a 
school-house, he should not pay out such moneys on an order to 
pay a Teacher, though ordered to do so by the Dii-ectors, for the 
reason that such order would be illegal. In such case, if there 
should be no ajDportioned funds or special school-tax money in his 
hands, he should decline to pay money on the order at all, report- 
ing his refusal to the Directors, with the cause of it. 

Whenever any district has a balance left in the hands of the 
Treasurer, after its schedules have been paid, the Directors thereof 
may draw an order at any time for such funds, and the Treasurer 
should pay it. "The equity and reasonableness of this view 
must be as apparent as its legality ; for, if there are funds in the 
Treasurer's hands belonging exclusively to a given District, it is 
difficult to see why the Directors of that district should be required 
to wait until the semi-annual apportionment before they can have 
the use of them ; for such funds do not enter at all into the gene- 
ral township apportionment, nor have the other Districts of the 
township any interest or claim whatever in such funds." Treas- 
urers should not pay such order unless it be specified in the order 
that the moneys applied for are to be used for legitimate school 
purposes. 

A Treasurer may not be justified in rejecting an order for 
money made payable to a member of the Board of Directors. 
Section 42 does indeed provide that a Director shall not be inter- 
ested iu any contract made by the Board of which he is a mem- 
ber. Still, a district may become legally and justly indebted to a 
Director, and the claim of said Director may in no wise conflict 
with the letter or spirit of that Section. In such a case, the order 
drawn in his favor would be as clearly legitimate as if drawn in 
favor of any other person, and should of course be paid as read- 
ily. Such an order should be signed 07ily by the other two 
Directors, in favor of the Director to whom the order is issued. 

The Treasurer should not pay orders presented to him from 



86 TEBASUKEE. 

Directors, unless the moneys demanded are actually due. The 
Treasurer should not suifer moneys to go out of his hands unless 
they are to be expended in j^aynient of obligations already exist- 
ing and matured. " If Directors can draw funds from the Treas- 
urer to be expended for articles not yet purchased, however use- 
ful and necessary those articles may be ; or for contracts or parts 
of contracts to be executed, however legal those contracts may 
be ; or for services to be rendered, however legitimate those ser- 
vices may be ; it in effect authorizes them, should occasion require, 
to withdraw all the funds from the township Treasurer, and to 
become, temporarily at least, themselves the custodians of those 
funds instead of the township Treasurer. 

" This would be in conflict with the manifest intention of the 
legislature in constituting the township Treasurer the only legal 
depository and custodian of all unexpended township and district 
funds, and requiring him alone to give bond for their safe keep- 
ing, \_Sec. 55.] 

"It would enable the directors to do indirectly what they cannot 
do directly, which is contrary to a familiar principle governing 
the construction of statutes. The directors have no authority to 
claim or to assume the custody of district funds, for any time, 
however brief, nor for any purpose, however honest and legiti- 
mate. They cannot appoint a local district treasurer (except in 
cities and incorporated towns, under special acts) and transfer 
their funds to his hands. They give no bond, and are, therefore, 
in a legal sense, wholly irresponsible. The fimds are subject to 
their order, and may be drawn by them in payment of debts 
legally contracted and due. This would seem to be all that is 
necessary, and it is believed to be aU that is intended and 
authorized. 

" And if the Treasurer would not be authorized to pay such 
orders when drawn by the Directors in their own favor, much 
less would he be justified in doing so when such orders are drawn 
in favor of others. If prudence requires that not even Directors 
should be allowed to receive any part of the funds in advance of 
actual indebtedness, still stronger reasons would forbid that others 
should be allowed to do so. 

"Any other practice than that here recommended would be 
fraught with danger to the funds, misunderstanding, and diffi- 
culty ; or if these evils should not ensue, it would be because 



TEEASUEER. 87 

favoring circumstances prevented an erroneous principle from 
producing its legitimate results. The purchase of the articles, 
or the letting and execution of the contract for which, the funds 
were drawn, might be delayed, indefinitely deferred, or abandoned 
altogether. In the meantime the money, for one reason or an- 
other, is not returned to the Treasurer; perhaps it is converted 
to private ^^se ; or it may be, as it has been, loaned or lost. Once 
admit that funds may be drawn to meet anticipated debts, and 
the Treasurer would have no security against fictitious orders. It 
is true, the Law presumes that its agents are honest, but Treas- 
urers are not bound to pay orders known to be wrong. 

" A fair interpretation of the Act, as well as the plainest consider- 
ations of prudence, v»"ould therefore seem to indicate that orders 
should not be paid unless drawn in favor of bona fide creditors 
of the Board, and in payment of debts actually due.'''' 

Schedides, when completed and properly certified to by the 
Teacher and the Directors, are to be filed \_Sec. 53] with the 
township Treasurer, and in default of such return of schedule, 
Dii'ectors cannot legally draw an order for the payment of money 
thereon, nor can a Treasurer pay out money thereon to the 
Teacher of the school for which said schedule was kept. Sched- 
ules must be filed at least two days before the regular semi-annual 
meeting of the Trustees. 

Schedules must be in prescribed form, or they may be rejected 
by the Treasurer. Neither the Treasurer nor the Trustees are 
authorized to amend, alter, or correct a schedule. The presump- 
tion is, that the material facts set forth in the schedule and in the 
appended certificates are correct, and that the schedule is justly 
entitled to the amount certified to be due. If it be Jcnoion by the 
Treasurer that any statements contained in the schedule are not 
true, that officer is not authorized to make correction of the 
instrument, but he may remand it to the Directors for such pur- 
pose, who alone are authorized to correct the schedule. AU 
corrections (when any are needed) should be made by the Direct- 
ors before the schedule is filed with the Treasm-er. But it may 
happen that some error of form or statement may escape the 
attention of the Directors, and so a schedule may come into the 
hands of the Treasurer which is technicaUy faulty. There may 
be no legal obligation requiring the Treasurer in such a case to 
receive such a schedule, or to return it for correction, but there is 



88 TEEASUREE. 

an obligation in equity and charity to return it to the Directors, 
and no advantage should be taken of such a circumstance to pre- 
judice the interests of a district or a Teacher. " The schedules 
of all schools taught during the six months beginning with the 
first of April in any year must be certified by the Directors and 
delivered to the Treasurer in time for the Trustees to act upon 
them at their meeting the first Monday of October following, or 
said schedules may be rejected. And the schedules of all schools 
taught during the six months beginning with the first of October 
in any year must be certified by the Directors and delivered to 
the Treasurer in time for the Trustees to act upon them at their 
meeting on the first Monday of Ai3ril following, or said schedules 
may be rejected." 

Tax-moneys collected by county or township collectors 
for the benefit of the districts are payable to the Treasurer, 
\_See. 45] upon his presentation to said collector of the certi- 
ficate of the County Clerk, two per cent, of such taxes collected 
bemg retained as commission by the collector thereof. The 
amounts of tax-moneys so received by the Treasurer are to be 
registered to the credit of the districts respectively, and paid out 
on the order of the Directors. Collectors are not bound to pay 
over to township Treasurers the full amount of the taxes certified 
to be due, without reference to the delinquent taxes reported. The 
45th. Section of the Law says : " The said County Clerk shall 
cause each person's tax so computed to be set upon the tax book, 
to be delivered to the collector for that year, in a separate column, 
against each tax payer's name, or parcel of taxable property, as 
it appears in said collector's book, to be collected in the same 
manner, and at the same time, and by the same persons, as state 
and county taxes are collected." Under the revenue law, col- 
lectors are entitled to certain abatements for delinquent taxes ; 
and since school taxes are to be collected in the same manner, 
&c., as state and county taxes are collected, it is held that col- 
lectors are entitled to the same abatements on account of delin- 
quents in the collection of school taxes that are allowed them 
under the revenue laws for collecting state and county taxes. 

Comimisation of Treasurer.— HhQ Treasurer is allowed two 
per cent, upon all sums of money paid out or loaned by him, [Sec. 
72] and is entitled to fifty cents as a fee for each and every mort- 



TEHASUREE. 89 

gage taken by him as security for money loaned [Sec. 58.] The 
Treasurer is also entitled to compensation for services rendered 
as clerk of Board of Trustees, as provided in /Section 12. 

The two per cent, of the distributive 'fund which is set apart 
to the township Treasurer, [Sec. 34] is the compensation 
which is allowed that officer under the Law, as the disbursing 
agent of the Board of Trustees. It is simply an appropriation 
of money in advance as compensation to an officer for services to 
he performed. The performance of the services required is the 
condition precedent to the use and benefit of the appropriation, 
and by every rule of law and equity, the money so appropriated 
is due only to the person or officer rendering the service, since the 
rendition of the service is the very consideration for which the 
money is set apart. 

It has happened that immediately after the apportionment to 
the Treasurer of two per cent., as provided in Section 34, that 
officer has resigned, and another has been appointed in his place. 
The question has then arisen, which of the two is entitled to the 
two per cent, commission, as both were claimants. Both cannot 
receive two per cent, of the amount to be disbursed, since the 
Law contemplates that tioo per cent, only of the funds apportioned 
shall be paid as commission to the disbursing officer. If the two 
per cent, so set ajjart is in compensation for the service of paying 
out the moneys apportioned, then it is rightfully due to the indi- 
vidual who actually performs the service. The newly-appointed, 
and not the retiring officer, should then have the benefit of the 
appropriation. 

The subject will be clear, if it be considered that the appro- 
priation is made to the office for the benefit of the incumbent. 
If, then, the office be filled by one person for a time, he would be 
entitled to 'the benefit of the appropriation during the time of his 
incumbency, said benefit being two per cent, of all moneys paid 
out by him. But if he retires, and gives place to another, for 
any cause, he can not carry with him a right to the future use and 
benefit of moneys approj^riated to the office, because these pertain 
not to the individical but to the office only, and would inure to 
the benefit of the succeeding incumbent. 

Treasurers are exempt from road labor, serving on juries, and 
state militia service. 



90 DIEECTOES. 



DISTEICT SCHOOL DIRECTORS. 

ELECTIOir, 

Elections for School Directors are held annually, the election 
occurring [Sec. 42] on the first Monday in August of each year, 
at which time (after the first election) one Du-ector is elected, 
who is entitled to hold his office for three years, and untU his suc- 
cessor is elected. In new districts, the first election may be held 
on any Monday, (notice being given by the township Treasurei*,) 
at which time three Directors are elected, who shall, at their 
first meeting, draw lots for their respective terms of office, for 
one., two, and three years. Notices of all elections for Directors 
(after the first) shall be given by the Directors, at least ten days 
jjrevious to the day of election. Said notices (written or printed) 
shall be posted up in at least three of the most public places in 
the district, and shall specify the pm-pose for which the election 
is to be held, the place of votmg, and the time of opening and 
closing the polls. At the first election in any district, the legal 
voters present shall choose two of their number to act as judges, 
and one as clerk of said election. In organized districts, having 
a Board of Directors, two of said Board shall act as judges, and 
one as clerk of the election ; but if said Directors fail to attend, 
or refuse to act, then judges and a clerk may be chosen from the 
legal voters present. " If, upon the day a^Dpointed for the election, 
the judges shall be of opinion, that, on account of the small 
attendance of voters, the public good requires it, or if the voters 
present, or a majority of them, shall desire it, they shall postpone 
said election mitil the next Monday, at the same place and hour, 
when the voters shall proceed as if it were not an adjourned 
meeting." In case the Directors fail to give legal notice of the 
election at the time fixed by Law, then the election may be held 
on the thb-d Monday of August, or any Monday following, due 
notice being given of time and place. In case of a tie, the elec- 
tion is to be decided by lot. Vacancies in the Board are to be 
filled by special election, held on any Monday, notice being given 
according to Section 42. The poll book, properly certified by 



DIEECTOES. 91 

the judges, sTialt be deliyered to, and filed by the township 
Treasurer. 

By a provision of Section 42, the Du-ectors elected in new dis- 
tricts are required to draw lots for the purpose of determining 
their respective terms of office. This duty should in all cases be • 
attended to at the first tneeting held after the election. In some 
instances this has been entirely neglected, and difficulty has after- 
ward arisen in consequence of the iniwiUiagness of either of the 
Directors to retire upon the reciu'rence of the regular election. 
The Board of Directors first elected should place itself under the 
Law regularly and promptly, by complying with the provision in 
Section 42, regulating the terms of office, and drawing lots at 
their first meeting, as requked. The officer drawing the shortest 
term is entitled to hold his office until the next regular election ; — 
the one drawing the next shortest, will hold office until the time 
of the second regular election thereafter ; — the one drawing the 
longest term will continue in office mitil the third regular election 
thereafter. 

For certain causes, district elections may be adjourned or post- 
poned, if deemed expedient by the judges or a majority of legal 
voters present. The authority to adjourn or postpone an election 
may be exercised, first, on account of the smaU attendance of 
voters ; second, when the legal notices have not been given. The 
attendance at district elections is frequently so meagre, and so 
few of the legal voters of the district are present to take part in the 
important business of the election, that the " public good " abso- 
lutely requires a postponement. This failure to attend district 
elections may be attributable to various causes, but it is feared 
that the principal cause is to be found in the too general indiffer- 
ence of om* people to their common school interests. To obviate 
the evil of non-attendance of voters at district elections, it has 
been suggested that if the Law were amended so as to fix our 
school elections upon the same day that the regular state and 
county elections are held, a fall attendance of the voters would 
be secured. It is not doubted that such would be the result of 
the change suggested, but it is doubted whether the evil sought 
to be remedied would not be followed by still greater evils, result- 
ing from political excitements and strifes. It is believed that 
our present policy is the better one, and it is hoped that the 
increasing interest of our people in the cause of education and 



92 DIRECTORS. 

common schools will soon remove all cause of complaint on the 
accomit referred to. In default of legal notice, the election may- 
be ordered two weeks later, or may be held on any following 
Monday, as adjudged most expedient, due and timely notice 
being given. This provision is simply remedial, and is intended 
to secure to districts the rights and privileges of election in cases 
where, from unavoidable contingencies, the regular time of elec- 
tion has come and passed without the holding of the election on 
the day first fixed by Law. It is not intended to abate the duty 
of Directors to order the election on the first Monday of August, 
and should not so be taken advantage of 

If it should happen in the case of any district, that no election 
is held for Du-ector during the year, the consequence would be, 
that the Director who would have retired had an election been 
held, holds over until the next regular election. At that time, two 
Directors should be elected — one for two years to fill the place of 
him who holds over — the other for three years to fill the place of 
him whose term of office will then regularly expire. The Director 
so continuing in office, holds his place only by a contingent tenure^ 
resulting from the default to hold election, and cannot avail him- 
self of such contingency to hold on in the office for three years. 
The error should be rectified at the earliest moment, which is at 
the next regular election. The first Director then chosen and who 
shall be elected to fill the place of the one holding over can only 
serve two years, because the legal term is but for three years, and 
one year of such term has already expired. The second Director 
then elected will serve three years. Only by this method can the 
regular order of succession be preserved. 

It is not required in elections for Directors that candidates shall 
receive a majority of all the votes cast to secure their election — a 
plurality of votes is sufficient. To obtain a majority, a candidate 
must receive more than one-half of all the votes cast; to obtain 
a j^lii't'cility, he must receive more than any other candidate, 
though the number of votes so received maybe less than one-half 
of all the votes cast. Suppose that three candidates who are 
voted for, for the office of Director, receive votes as follows : A 
receives 12 votes; B receives 10 votes; and C 6 votes. A 
would be elected to the office, havuisi: received more votes than 
either of the opposing candidates. In all district elections, held 
for any other purpose than the election of Directors, a majority 



DIEECTOES. 93 

of tlie votes must be obtained for the proposition voted on to 
carry it. 

An election for Directors must be held on a Monday — district 
elections for other purposes may be held on another day of the 
week. It is not required that the polls be opened in the morning, 
and be kept oj)en all day, at a district election. An election may 
be held in the afternoon or evening ; but in such case the notice 
must distinctly state the time of opening and closing the j)olls, 
and ample time must be given for all to vote. 

If the legal voters of a district assemble at the usual place of 
voting, and elect Directors on the day fixed by laio, said election 
is valid, though no notices were posted. The Law invests the 
people with the right to hold the election on that day, and this 
right cannot "be vitiated by any clerical error or neglect. 

The time for holding district elections is fixed by Law, and 
elections should always be held at that time. But if an election 
is actually held on any other day than that fixed by Law, and the 
officers then elected j)roceed in good faith to discharge the duties 
of their office, then- acts are held to be valid so far as third parties 
are concerned, until the vahdity of such election has been passed 
upon and determined. 

Judges of district elections may be sworn, though it is 
not generally practiced, and is not held to be essential. The 
same remark will apply to the taking the oath of office by Di- 
rectors. 

A Director may resign his office at any time, by tendering his 
resignation to the Board of which he is a member. If applying 
for a resignation when not present with the Board, the application 
should be in writing ; but if present, it may be made verbally. In 
either case, the action of the Board should be entered on the 
minutes by the clerk. If accepted, the resignation should not 
take effect till a successor shall have been elected. 

If a Director cease to be a resident of the district, his office is 
thereby vacated even if no resignation be offered, and the fact 
being known, an* election should be immediately ordered to fill 
the vacancy. Long absence from the district, as when a Director 
enters the army, is held to be equivalent to a resignation, and 
another Director should be elected. 

Two Directors may transact business. Even if the Board be 
reduced to one member, he can legally take steps to fill the Board, 



94 DIRECTORS. 

but no official business sbould be transacted by one member — ^his 
first duty is to provide for filling the existing vacancies. 

To be eligible to the office of Director, it is required of a person 
that he be a citizen of the United States, and a resident of the 
district. A person cannot be at the same time a Director and a 
Trustee, nor can a Director teach a school in the employment of 
the Board of which he is a member. 

DUTIES AND POWERS. 

Body Corporate. — The Board of Directors of each district is a 
body politic and corporate, and as such are invested in law with 
certain rights and poAvers, and are subject to certain liabilities, 
which are defined in the Law. The Board shall be organized by 
appointing one of their number president, and another clerk. The 
Board shall provide a suitable book in which to keep a record of 
its official acts. Said record shall be kept \Sec. 42] by the clerk 
of the Board, in a neat, orderly and reliable manner, and may be 
paid for out of any unappropriated funds belonging to the district. 
It is the duty of the clerk of the Board of Directors to submit 
the record kept by him to the insj)ection of the township Treas- 
urer on the first Mondays of April and October, and oftener if 
required. Meetings of the Board may be held as often as neces- 
sary, and no act of the Directors can be considered as of legal 
validity and effect unless it be passed at a meeting of the Board, 
and is duly and officially recorded. 

The Directors have power as a corporation, to negotiate for the 
purchase of school sites, \Sec. 47] and for the building of school 
houses. For this purpose they may, when authorized by a majority 
vote of the inhabitants of the district, borrow money and issue 
bonds for the payment thereof m sums of not less than one hund- 
red dollars. They are not authorized to borrow an amount in 
any one year exceeding three per cent, of the taxable property 
of the district, nor to levy a tax in any one year (when voted by 
the people for the purpose of building) to exceed two per cent, of 
the taxable property of the district. It is held that Directors 
mayproceed and erect a school house at any cost which a majority 
of the people may approve, and levy a tax each following year 
not exceeding two per cent, of the taxable property of the dis- 
trict until the debt is discharged. The action of the Directors 
in such a case is predicated upon a vote of the majority that a 



DIRECTOES. 96 

school house shall be built — that it shall cost a speciiled sum — 
that a tax (uot exceeding two j^er cent, of the taxable property 
of the district) shall be levied annually until the debt contracted 
shall be paid. The action of the Board, as stated, is binding 
upon its successors, and no additional vote of the people upon 
the subjects acted ujDon is required. 

As a body politic and corporate, the Board is of perpetual 
existence, and ah the rights, privileges and powers of Directors, 
as well as their duties and liabilities, are transferred to their suc- 
cessors ; hence, all the legal obligations and contracts by which 
the present members of the Board are bound, will be binding 
upon their corporate successors. Directors are corporately liable 
for all debts contracted by the Board, but not individually. Their 
private property cannot be taken in satisfaction of any judgment 
obtained agauist them in their corporate name and capacity. 
Directors are, however, personally responsible for the conse- 
quences of acts performed by them which are unauthorized 
by law. 

Schools. — Directors ai-e required {^Sec. 48] to establish and 
keep in operation for at least six months during each school year, 
a sufficient number of free schools for all the resident children of 
the district of lawful school-going age, i. e., between five and 
twenty-one years. The oiumher of schools which it is the duty 
of the Directors to establish in any district is not fixed by law in 
anymore definite terms than those contained in Section 48. There 
must be a " sufficient number /br all the children in the district^ 
over the age of five and luider twenty-one years." The number 
of schools which it may be necessary to estabHsh in any district, 
must be determined by the number of childi-en in the district of lawful 
school age, and from the opinions and experience of those who have 
had the management of schools. It is known that one teacher can 
not govern and teach successfully more than fifty pupils in daily 
attendance in a mixed school, such as is usually taught in oiu* 
country districts, and even this number is too large. In a district, 
therefore, containing a larger number of children than fifty, who 
are accustomed to attend school, it is the duty of Directors to 
provide additional accommodations for the school-going children 
of their district, by the establishment of another school or schools, 
as necessary. The establishment of a sufficient number of schools 



96 DIEECTOES. 

for the wants of the children in any district is not left to the dis- 
cretion of the Directors — it is a matter of express and imperative 
ohligation. 

The schools shall be kept in operation at least six months during 
each school year. This is the minimum term of school as pre- 
scribed in the Law, and a compliance with this demand of the 
Law is the condition precedent to any participation in the benefit 
of the public school money. The children of the State are 
entitled, by the Law, to instruction in the public schools for six 
months during each school year. The duty to provide that instruc- 
tion is obligatory upon the Directors. The annual school term 
cannot be shortened — " at least six months," is the language of 
the Law. The time during which schools are required to be kept 
during each year need not be one unbroken, continuous school 
term. It may be divided into separate terms. A school of three 
months in the winter, and three months in the summer, or any 
different number of months, so that the school be taught six 
months. Kept in the same district, and for the benefit of the 
same children, by the same teacher, or by different teachers of 
approved qualifications, will satisfy the Law. Schools may be 
continued for a longer term than six months, at the discretion of 
the Directors, (without consulting the people,) when those ofiicers 
have means on hand to defray the expenses of the school so con- 
tinued. But if the means to continue the school beyond six 
months are to be raised by taxation, then the question of extend- 
ing the school term must be submitted [^Sec. 48] to a vote of the 
people of the district. The matter to be voted on, when it is 
proposed to extend the term of school, is simply, " shall a school 
be kept for so many months ?" — the rate of taxation to defray the 
expenses of said school is a matter with which the people have 
nothing to do, it being left exclusively to the Directors. 

Directors are authorized to adopt all necessary rules and regu- 
lations for the government and management of the schools in 
their districts. Specifically, the power thus vested in Directors 
relates to : — 

First — Admission of pupils to School. — ISTo child is admissible 
under five years of age. If the minimum age had been six, it would 
have been better. Care should be taken to exclude all under five. 
Children of less age than five will receive no benefit in an educa- 
tional pomt of view by attending school. A proper regard for 



* DIRECTORS. 97 

tlieir health, also, requu-es then- exclusion from school at so tender 
an age. Persons over twenty-one years of age cannot of legal 
right claim admission to school. There may be cases in which 
adults would profit by attending district schools, and cases, also, 
in which the schools themselves would be benefited by their 
attendance. It is held that Directors have a discretion ujjon the 
subject of the admission to schools of persons over twenty-one 
years of age, and where the admission of such persons will not 
interrupt the harmony of the school, or deprive others who are 
legally entitled to attend school of such privilege, Directors may 
admit them, chargmg and collecting tuition, as is done in the case 
of pupils attending private schools. Children who reside without 
the limits of the district are not of legal right entitled to attend 
school. Provision is made [Sec. 35] for . the admission of non- 
resident pupils upon the consent of the Directors of the district 
in which they reside, and the permission of the Dkectors of the 
school where they may wish to attend. Non-resident pupils 
should not be admitted, unless there be vacant places in the school 
for theii' accommodation, as it would be unjust to deprive a pupil 
who is lawfully entitled to school privileges in a certain district, 
of his seat in the school, to make room for one applying for 
admission from a foreign district. All children over five and 
under twenty-one years of age, who are residents of the district, 
are entitled to attend school, and Dkectors cannot lawfully refuse 
any such a seat in the school-room. 

Secoistd. — Attendance at School. — Directors may enact rules 
and regulations to encourage the attendance at school of all the 
children in their district, of proper age, and they should use 
diligent effort to secure the attendance of every resident child in 
the district. It is the design and purpose of the Law, to extend 
the benefits of our common school system to all the children of the 
State, not otherwise instructed. Though a good school were estab- 
lished in every neighborhood in the State, its whole benefit would 
be lost to those who never attend, and but partially enjoyed 
by those who attend irregularly. The number of each of 
these classes throughout the State — non-attendants and irregular 
attendants — is very large. So far as non-attendants are concerned, 
the entke outlay of means and efibrt on the part of the State for 
the good of her children, is lost — so far as the irregular attendants 
are concerned, the expenditm'e is unavailing to the precise extent 
7 



98 DIEECTOES. 

that the delinquents absent themselves from school. It has been 
proven by innumerable statistics, that the education of youth 
costs the State far less than the maintenance of judicial systems 
and prisons for the punishment of vices and ci'imes wliicb are the 
inevitable offspring of ignorance and idleness. We must bear 
the lighter burden of educating our children, or groan under the 
crushing burden of taxation for the maintenance of penal systems, 
established for the suppression and punishment of crime. Direct- 
ors, then, cannot fulfill their whole duty without using diligent 
effort to induce the regular attendance at school of all the children 
of their district. Bare rules are not sufficient. Effort must be 
made to gather the children in. I do not refer, in this, to compul- 
sory attendance. I only desire to impress upon the minds of 
Directors, who are the chosen curators of all our local school 
interests, the importance of a solicitous and diligent effort to 
induce the voluntary attendance at school of all the children of the 
State. For absences and tardiness of children, penal rules may 
be enacted, such as in the judgment of Directors will operate 
justly, and will have a tendency to obviate the evils of irregular 
and unpunctual attendance. 

Third. — Deportment of pupils. — Directors may enact general 
rules for the purpose of securing good condiTct and orderly de- 
portment on the part of children attending school. Detailed 
rules for the regulation of behavior in the school-room may be 
left to the Teacher, if it be thought necessary to make rules in 
detail for such purpose. Experience has shown, however, that 
the enactment of a code of multitudinous and specific rules by 
the Teacher, is oftener a source of confusion and embarrassment 
than of positive advantage. Rules prescribed by Directors for 
regulating the deportment of children attending school should be 
of a general character, and should have reference to their own ulti- 
mate responsibility after the discipline of the Teacher has been 
exhausted. Thus, the habits and behavior of a pupil may be so 
corrupting that his separation from the school is demanded for 
the preservation of its order and its morals. In such a case, the 
Teacher should report the facts to the Directors, who may enforce 
the rule of expulsion or suspension. So, also, the privilege of 
re-instation in the school, after suspension, or voluntary with- 
drawal for a fancied grievance, will depend upon the action of 
the Directors, according to the rules which they may have adopted 



DIKECTORS. 99 

applicable to such a state of fiicts. The rules referred to may 
also have reference to the conduct of pupils toward the school 
house and grounds, and may restrain pupils from committing tres- 
pass upon the building and premises. 

FouETH. — Studies in Schools. — Directors may prescribe what 
branches shall be taught. It is the intention of the Law that all 
the children of the State shall be so educated at the public expense 
as to fit them for the various common occupations of life. Edu- 
cation up to that point is imj)artial and just, as it confers equal 
benefits upon all, and gives undue advantages to none; it is need- 
ful and right, for it gives to each that intellectual and moral prep- 
aration for the fulfillment of future duties, which as a member 
of society and a citizen, every one is obliged to j)erform. This 
authority conferred upon Directors entitles them to prescribe the 
course of study, (always including the several branches specified 
in the Law,) and the particular text-books which shall be used in 
each of the branches belonging to the course. It also entitles 
them to designate what charts, maps, apparatus, &c., shall be 
used in the school. It also entitles them to prescribe what grades 
and classes shall be formed in school, and what branches and 
books shall form the course of study in each, and what progress 
and proficiency shall be made in each grade or class as a condition 
of advancement to the same line of study in the next higher, and 
to refuse to allow of promotions on any other terms whatever. 

Fifth. — School Properfij. — The school house and school j)rem- 
iscs are placed bylaw under the exclusive control and supervision 
of the Board of Directors. They are corporately responsible for 
the preservation and safe keeping of school projjerty. They may 
make such rules as may be necessary for the preservation and 
protection of the house and premises from defacement, injury and 
abuse by the pupils. 

Sixth. — District Tax. — Directors are authorized \^Sec. 43] to 
Xqxj a tax annually upon all the taxable property of the district, 
for the purpose of providmg means to defray the expenses of a 
six months school, (fee. Such a sum is required to be raised by 
district taxation as will be sufiicient, with the public money appor- 
tioned to the district, to support a free school for six months. All 
the incidental expenses of the school are to be provided for by 
special taxntion. The Law does not contemplate that such 
expenses shall be paid out of the common school fund. It is 



100 DIEECTOES. 

consequently the duty of Directors to provide for such contingent 
exjDcnses by means of a special tax. The expenses here referred 
to are those incurred for the purchase of furniture, fuel, libraries, 
apparatus, and all other necessaries. Where the public funds are 
more than sufficient for all the regular expenses of the school, it is 
held that the surplus may be applied for any legitimate school 
purpose that may be desired. It is the duty of the Directors 
[_Sec. 44] to determine the rate of tax to be levied, and to certify 
and report said rate to the clerk of the County Court by the 
second Monday of September in each year. The rate of tax 
must be uniform, and if a district lie in two townships, the same 
rate will be collected from the taxable property of the inhabitants 
throughout the entire district. For a failure to perform this duty, 
(or any other requu-ed by Law) Directors are liable to the penal- 
ties prescribed in the *lQth Section of the Act. 

Seventh. — Union Schools. — Provision is made, in Section 35, for 
the establishment of Union Schools, by uniting two or more districts 
into one. The object contemplated by the Law in this provision, is 
the establishment- of schools with graded departments, in which 
higher branches of study (in addition to the several branches 
specified in the 5Qth Section) shall be pursued by the pupils. It 
is desirable that such schools be organized wherever practicable. 
Their superior usefulness may be urged on many accounts, as for 
instance: First. — Economy of means. — The expense of tuition per 
scholar is much less than is required to procure the same amount 
of instruction in any select or pi'ivate institution. The bounties 
derived from the State for the maintenance of graded schools go 
far toward defraying their expenses, so that the trifling balance 
required for their supjiort is barely nominal, and is provided by 
means of general taxation so light and inconsiderable that the 
burden is scarcely felt. Second. — Economy of labor. — In the 
graded school, the jDrinciple of division of labor is recognized and 
practiced. The graded school is, in this respect, like the college 
or university, in which each professor confines his labor to a dis- 
tinct and separate department. The efficiency and success of the 
Teacher are thus increased, as when a Teacher insti'ucts in a 
single department and in a few branches only, he attains greater 
skill and aj)tness in his work than when his attention is divided 
and distracted by the rapid recurrence of many mixed recitations, 
involving tSie whole round of studies and classes common to a 



" DIRECTOES. 101 

mixed school. In the graded school, the classes are large, and 
composed of pupils of equal attainments, (or sufficiently so for 
practical purposes,) so that the Teacher can instruct fifteen or 
twenty pupils in a single class with as little labor and larger suc- 
cess than he can instruct a class of three or four in the mixed 
school. The pupils also, by the prospect of promotion, are stim- 
ulated to excellence, and apply themselves to study with a more 
constant and cheerful diligence. Thikd. — Economy of time. — It 
is imquestionably true that years may be saved to the pupil in the 
acquisition of learning by the advantages of a graded school. 
His advancement is secured in proportion to his real improve- 
meiit, and is not hindered, as is commonly the case in ungraded 
schools, by the non-proficiency of class-mates who cannot or will 
not advance in their studies. 

A Union District may be formed under either of the two fol- 
lowing conditions : the existing , and separate district organiza- 
tions may be continued, or they may be merged into a single 
organization of Union School Directors. When organized under 
the first condition,, the Directors of the Union District are fii'st 
appointed by the joint action of the Boards of Directors of the 
original and separate districts, and the Union Board is perpetuated 
in the same way, the Du-eetors [of the said Union District] draw- 
ing lots at the first meeting after their appointment for their 
respective terms of office, for one, two and three years. When 
organized under the second condition, (which is always recom- 
mended,) the separate Boards cease to exist, from and after the 
appointment of the Union Board. AU the corporate rights, duties 
and powers of the separate Boards are thus legally conveyed to 
the new Union Board, which henceforth exercises whole and 
entire official jurisdiction as Directors over all the territory 
included in the Union District, being ever after elected by the 
peojDle, as other Directors are elected. 

When two or more districts are united and a Union District is 
formed, the Trustees will execute a map* or plat of the same, 
designating its boundaries. This duty must be performed by the 
Trustees as soon as the act of union is reported to them. 

The consolidation of districts, as provided for in Section 33, 
differs from the formation of a Union District in this, that the 
former is done by an act of the Trustees — the latter by the act 
of the sejDarate Boards of Directors. The object sought in the 



102 DIRECTORS. 

latter case is the establishment of a graded school— in the former 
case, such may or may not be the specific object. 

In a few cases, it has been desired to dissolve the Union Dis- 
trict, and restore the several parts to their original form and 
organizations. The Law does not specifically provide for such a 
contingency, yet clearly such action may be taken without con- 
travening any principle of the Law. The precise mode of pro- 
cedure must, in the absence of legal prescription, be determined 
by considerations of convenience and propriety. The most natural 
mode of proceeding where it is desired to dissolve a Union Dis- 
trict would Seem to be the following : If the original district 
Boards have been continued, and their separate organizations 
preserved, they should jointly agree and resolve to dissolve the 
Union District. Following such joint action of the district 
Boards, the Union Directors should immediately resign their 
place and office. The Trustees should then be notified of the 
action taken, when the map or plat of the District should be 
changed to correspond with the facts. In case the original dis- 
trict Boards have been disorganized and discontinued, the first 
step to be taken would be the resignation of the Union Directors, 
which act should be reported to the Trustees, together with the 
object contemplated by such resignation, viz. : the dissolution of 
the Union District. The Trustees may then restore the boundaries 
of the separate districts as originally existing, designating on the 
map their proper boundaries, and calling an election for Directors 
in each of the separated districts, authorizing the Treasurer to 
post the notices of said elections, according to Law. Imme- 
diately upon the election of separate Boards of Directors, the 
dissolution will be consummated, and the several districts may 
order their policy as if no iinion of districts had ever existed. It 
is hoped that no occasion will ever arise for the retrograde action 
here aUuded to. 

Teachers. — Directors are required \_Sec. 48] to appoint all 
Teachers of Common Schools. The selection of Teachers is wholly 
entrusted to Directors, and there is no duty of those officers which 
in\olveg a higher responsibility, or which requires, in its exercise, 
a sounder discretion or a more dispassionate judgment. The duty 
is that of assigning to the child a parent, for the time being, who 
IS to mould its mind and its manners, and influence by his instruc- 



DIRECTOES. 103 

lions and example, its whole futui-e for good or evil, for happiness 
or misery. Before a Teacher can be employed by the Directors, 
he must exhibit to them [Sec. 52] a certificate of qualification from 
the School Commissioner, accrediting, Jii'st, his moral character, 
and seco7id, his literary qualifications. If this provision of the 
Law is strictly attended to in the selection of Teachers, and par- 
ticularly, if Directors will seek the services of those who hold the 
best certificates (first grade) — moral character being weU estab- 
lished — they will escape imposition, and guarantee the purity and 
progress of their schools. It is a good rule to employ the same 
Teacher from year to year, if his standing in the profession is 
good, and he has heen successful in the school during former 
terms. By sujh means, the risk of failure, which the employment 
of an imknown and untried Teacher always involves, will be 
escaped, and much valuable time saved to the pupils by enabling 
them to advance uninterruptedly in their studies, without the 
hindrance which is caused by a re-organization or a re-classifica- 
tion of the school, and the introduction of unfamiliar and perhaps 
inefficient methods of instruction and government. But a change 
of Teachers should be made when it has been discovered that 
the one last employed is unsuccessful. In such cases, j)rudent 
Dii'ectors will not hesitate to exchange even an old acquaintance 
for a sti'anger, provided the latter comes well and legally accred- 
ited. While it may be right and just to extend the preference to 
a hom,e Teacher, when his claims to position are contested by a 
stranger, — on the supposition that they are possessed of nearly 
equal qualifications — it is no^ right or just to retain anineompetoit 
Teacher to the exclusion ol a thoroughly qualified and competent 
one, simply because the latter is a stranger, and the former is a 
fellow-inhabitant or a neighbor. If the body needs to be treated 
for disease, it would be a folly and a crime to entrust the life to the 
practice of an empiric who is a neighbor, merely because he is a 
neighbor, and refuse the services, of a skillful and successful physi- 
cian, who is of another town, merely because he is of another town. 
In the selection and employment of Teachers, let the same sensible 
policy prevail, as would be pursued in aU other practical affairs 
of life. Directors should 9iever be swerved from a right and use- 
ful policy by influences of ^:)ar^y, oi church, or oi faynily interest. 
Our Educational policy deserves to be directed with an eye single 
to ih^iyuhlic good, and must not be perverted from its right object 



104 DIEECTOES. 

for political, sectarian, or selfish reasons. A Teacher can only be 
employed by a majority of the Board, and their action in the 
premises must be official, that is, it must transpire iu a meeting of 
the Board, and must be duly recorded. 

The power of Directors to contract with and employ Teachers 
is independent of the people, and cannot be controlled by them ; 
though it should never be exercised in opposition to the known 
wishes of a majority of the inhabitants of the District, unless under 
very peculiar circumstances. 

Directors are authorized [Sec. 48] to fix the salaries of Teachers. 
Written or printed contracts should ahoays be used. Otherwise, 
unpleasant and irreconcilable difficulties may arise. This precau- 
tion should be strictly observed. A blank form of Teacher's Con- 
tract will be found in Part III. of this work. Refer to Index. 

Power is given to Directors \_Sec. 48] to dismiss Teachers for 
"incompetency, cruelty, negligence or immorality." For these 
causes, or either of them. Directors are authorized to dismiss 
Teachers from their service. The fact of incompetency, cruelty, 
negligence or immorality must be a matter of personal knowledge 
on the part of Directors, or it must be clearly and indisputably 
proved against the Teacher. If the fact becomes Jcnoion to them, 
by visiting the school, or by otherwise acquainting themselves 
with the Teacher's shortcomings or offences, they wUl be justified 
in dismissmg him at once. If the fact be not Jcnownto the Board, 
but charged by other parties, the case should be allowed a hear- 
ing, and if, after a thorough and impartial investigation it should 
be proven that the Teacher is obnoxious to the charges made, the 
Directors should then dismiss him. The dismissal of a Teacher 
requires the vote of a majority of the Board, as did his employ- 
ment. The notice of dismissal should be in writing, and officially 
served upon the Teacher by the clerk or another member of the 
Board. Such a course is recommended, though the notice may 
be verbally communicated. 



TEACHERS. 105 



TEACHERS. 



EMPLOYMENT OP TEACHERS. 



Teachers desiring employment in their profession in any of the 
common schools of this State, must apply to the School Du-ectors, 
who are the only persons authorized by law to employ them. 
Directors are not authorized to contract with or employ a Teacher 
who is not in possession of a good and valid certificate of qualifi- 
cation, l^Sec. 52] nor until such certificate shall have been examined 
by them, in evidence of the good character and professional quali- 
fications of the apj)licant. Directors are authorized by Section 52 
to employ legally qualified Teachers only. A Teacher cannot be 
legally qualified unless he holds a " certificate of qualification." 
Such a certificate the Teacher must possess, not only when he 
begins to teach, but as long as he continues to teach, for it is an 
implied condition of the contract under which he teaches, that he 
will keep himself qualified. This can only be done by keeping in 
possession a live certificate during the whole time he is engaged 
in teaching, for if his certificate expires by l^nitation, from that 
moment he ceases to be accredited as a legally qualified Teacher. 
A Teacher's certificate must be renewed then, as soon as it exj)ires, 
if he be then engaged in teaching a school. 

Teachers, for their own security, should always demand that a 
written contract be executed, and it is proper and prudent that a 
copy of the written contract so entered into should be kept in 
possession of each of the contracting parties. It is competent for 
a majority of the District Board to form a contract with a Teacher, 
but a contract will not be legally binding upon the Du-ectors unless 
signed by at least two of their number. It sometimes occurs that 
a single Director executes a contract with the Teacher, affixing 
his own signature, and engaging to procure the signatures of the 
other members of the Board. It has transpired in such cases that 
the signatures of the other Directors were not obtained, through 
the neglect or forgetfulness of the single acting Director, by which 
failure the contract was rendered void. Teachers should require 



106 TEACHEES. 

that at least two names of Directors be subscribed to the contract 
before affixing their own. 

The contract so executed shou.ld plainly and unmistakably- 
express the precise terms and conditions of the engagement, secur- 
ing the Teacher against the loss of bis wages or any unnecessary 
delay in their payment which an honest misunderstanding or a 
willful misconstruction might occasion. 

Directors have sometimes proposed to Teachers that the whole 
amount of public money apportioned to the district, for the current 
school year, whether more or less, should be allowed them as com- 
pensation for their services in the school-room during the term of 
their engagement. In such cases it may be represented by the 
Directors that the proposition, if accepted, will be very much to 
the advantage of the Teacher, and these representations may be 
made in all honesty and confidence. Such an agreement may 
involve loss, and always involves uncertainty on the part of the 
Teacher. It is better to have a plain understanding, and to pro- 
vide in the agreement for the payment to the Teacher by the 
Directors of such a definite and specific sum, per month or quarter, 
as the case may be, as will constitute a fair remuneration for the 
services required. T/ie?^, the wages of the Teacher must be paid, 
and if the public money is not sufficient for the purpose, the defi- 
ciency must be provided for by special taxation. The Teacher 
is fully secured against loss, as the Board by which he is employed 
is corporately liabfe, and payment may certainly be enforced 
at law. 

Directors have no power to alter or annul a contract legally 
entered into with a Teacher without the Teacher's consent and 
agreement, while he continues in their employment. If the 
Teacher's certificate be re\^ked, or expire by limitation, or if he 
be dismissed by the Directors for cause, the contract ceases to be 
binding upon the Board from the date of the Teacher's with- 
drawal from the school, but the Directors are bound to fulfill the 
conditions of the contract for the time the Teacher was actually 
engaged in their service. 

A Board of Directors cannot legally employ an unqualified 
Teacher, that is, a Teacher who is not in possession of the required 
certificate of qualification, and if in any case such a Teacher be 
employed by the Board, the district is not bound by their action. 
If a Teacher so employed enters upon his duties and teaches a 



TEACHERS. 107 

school^ he cannot legally collect his wages from the district, but 
he may collect them from the Dkectors, as individuals^ who are 
personally liable in such a case. 

A contract with a Teacher executed by a Board of Directors is 
binding upon their successors. The parties to such a contract 
are the Teacher and the corporate body, known and styled in the 
Law as " School Directors," which corporate body is perpetuated 
from year to year in its successors. A Teacher may therefore 
bring suit against a Board of Dii'ectors, and collect wages legally 
due, although neither of the Directors by whom he was employed 
may be a member of the Board at the time said suit is brought. 

DUTIES AND EIGHTS OF TEACHERS. 

The general duties and rights of Teachers are such as to admit 
of no specific mention in the School Law. The duty of the 
Teacher to keep the schedule, as prescribed in Sections 53, 54, is 
the only one specifically enjoined by the Law. The duties and 
rights of Teachers as they here follow, are deduced from the 
School Law in part, and partly from the law of universal custom, 
which is held to be authoritative, and not inconsistent with the 
letter or spuit of the statute. 

1. It is the duty of the Teacher to he examined. — The 
Law has appointed as the condition to employment in any 
of the common schools of this State, \_Sec. 52] that the 
Teacher shall possess a certificate of qualification issued 
by the School Commissioner of the county in which the 
holder proposes to teach. The issuing of said certificate is 
conditioned upon the fact of good moral character, and the 
ability to teach the branches specified in the Law, the candi- 
date establishing his claims to character and scholarship by pass- 
ing a satisfactory examination before the School Commissioner or 
a deputy examiner apj)ointed by him. There is but one door of 
access to the profession in this State, and all approaches to the 
common school room must be made through the strait gate and 
narrow Avay of personal examination. 

2. Teachers have the right to order the discipline and conduct 
of the school. " The Teacher is to establish a system or organ- 
ization, the object of which is to prevent irregularities, and to 
save time ; to enable him to do as much for each, and as much 
for all, as possible ; and to exercise each pupil according to his 



108 TEACHERS. 

capacity and advancement, not overtasking him, nor leaving Mm 
nnoccujDied. This system should be comprehensive enough to 
embrace all the operations of the school, and so simple that all 
the children may be able to understand it ; so that, when once 
established, it shall almost keep itself in operation, leaving the 
Teacher his whole time for other duties. To this end it will be a 
great advantage to a Teacher to be familiar with the plans pur- 
sued in one or more well organized schools. If he be so, he may 
at once adopt some known system, and leave it to be modified by 
his future experience. If he be not familiar with any, or with 
such only as he knows to be bad, he must consider the matter, 
and form one for himself." 

The business of the Teacher in the school room is, to Teach — 
to Govern. 

Teaching. — " The first inquiries you are to make on entering a 
school are. What is the statu of this school? What and how 
much does each individual pupU know ? How well does he read, 
write, and cipher now? What are his habits of mind? What 
is his character? What can I do for him in the time he is to 
remain under my care ?«•*** How shall I give him the 
greatest amount in my power of useful informations ; bring the 
faculties of his mind into action, and elevate his moral character ? 
How, in short, shall I best prepare him for his station in life, and 
do what in me lies to make him a useful citizen, and a good and 
happy man ? These things are to be accomplished, not for one 
only, but /or all. Consider, then, the ground before you, and lay 
your plans for doing as much and as well for each and all as can 
be done in the time allotted you. One great object in executing 
your plans is to discover how to act most efficiently on the greatest 
number at a time. Your power of useful action is increased just 
in proportion to the number on whom you can act at once. * * 
The grouping of your pupils into classes will be necessary. It 
will be well for a Teacher who goes into a school for the first 
time, to direct his pupUs to come up in such order and in such 
classes as were formed by his predecessor. He will then make 
them understand that this is only to enable him to become ac- 
quainted with the progress they have already made, and that he 
shall afterward arrange them as he finds it best. It should then 
be his object to divide them into as few classes in each study as 
possible. This is of the highest importance, as it is only by this 



TEACHERS. 109 

cpurse that lie will be able to find time to give them much valu- 
able instruction, or even to do them justice. * * * * 

" There are several general principles, founded in nature, and 
deduced from observation, but too often overlooked, which should 
be our guides in teaching, and of which we should never lose sight : 

" Whatever we are teaching, the attention should he aroused and 
fixed, the faculties of the mind occupied, and as many of them as 2^os- 
sible brought into action. Nothing is learned unless the attention is 
gained, and the habit of commanding it throughout a lesson is 
more important than the lesson itself, whatever that may be. 
Moreover, the greater the number of faculties engaged upon an 
object, the deeper and more permanent will be the impression. 

" Divide and subdivide a difficult process, until your steps are so 
short that the pupil can easily take them. * * Some possess this 
talent almost by intuition. They sit down by a child, and make 
him comprehend almost anything they please, by reducing it to 
its simplest elements, and presenting them one by one, in their 
natural order. This talent may be acquired. It depends on a 
complete knowledge of the subject to be taught, in all its bear- 
ings, and of the capacity of the child. Any one, therefore, who 
will take the pains to make himself master of what he wants to 
teach, and to enter into the character of the pupil, may be able to 
attain it. The possession of this talent is what we call aptness 
to teach. 

" Whatever is learned, let it be made familiar by repetition, until it is 
deeply and permanently fixed on the mind. This is an old rule, well 
known from the most ancient times to faithful teachers and careful 
learners. It is, nevertheless, liable to be neglected, from a feeling 
that there is so much more to learn which will be entirely new. 
The faithful application of this principle makes thorov^gh teaching 
— the best kind of teaching, certainly, since a few things well 
learned are of more use than many things superficially glanced at. 

" Present the practical bearings and uses of the thing taught, so that 
the hope of an actual advantage, and the desire of preparation 
for the future, may be brought to act as motives. * * * 

" Folloiv the order of Nciture in teaching, whenever it can be dis- 
covered. This is only admitting that God is wiser than man, 
and that all our processes may be improved by the study of His 
works. The method of learning to read by words first, instead 
of letters, is suggested by this rule. 



110 TBACHEES. 

" Where difficulties present themselves to the learner, diminish and 
sTiorten, rather than remove them. Lead him, by questions, to over- 
come them himself. This gives action to his mind, and puts him 
in possession of his powers. What we obtain by strong effort, 
we vahie and retain. It is not, therefore, what you do for the 
child, so much as what you lead him to do for himself, which is 
valuable to him. 

" Teach the subject rather than the booh Kemember that it is not 
Colburn's Arithmetic, or Davies', which you are to teach, but it 
is Arithmetic, the science of numbers. Take care, therefore, to 
make yourself familiar with the principles, and with their various 
applications, as you may find them in several authors, or by 
reflecting on them yourself.' In this way, and in this way only, 
you will at last get a complete mastery of the science and art in 
all its forms ; and while you are engaged m the acquisition, it will 
be in the highest degree interesting to you. 

" Teach one thing at a time. In teaching Grammar, for example, 
show first what a noun is, and let the pupil be exercised in this, 
in various ways, until it becomes perfectly familiar, before he is 
even taught the difference between a common and a proper noun. 
Advance thus, step by step, making sure of the ground you stand 
on before a new step is taken." 

The following suggestions are worthy of being attended to, and 
are given as general cautions to the Teacher : 

" 1. Never get out of patience with dullness. Perhaps I ought 
to say, never get out of patience with anything. That would, 
perhaps, be the wisest rule. But above all things, remember that 
dullness and stupidity (and you will certainly find them in every 
school) are the very last things to get out of patience with. If 
the Creator has so formed the mind of a boy that he must go 
throu.gh life slowly and with difiiculty, impeded by obstructions 
which others do not feel, and depressed by discouragements which 
others never know, his lot surely is hard enough, without having 
you to add to it the trials and suffering which sarcasm and 
reproach from you can heaj) u^pon him. Look over your school 
room, therefore, and wherever you find one whom you perceive 
the Creator to have endowed with less intelligence than others, 
fix your eye upon him with an expression of kindness and sym- 
pathy. Such a boy will have suffering enough from the selfish 
tyranny of his companions ; he ought to find in you a protector 



TEACHEES. Ill 

and a friend. One of tlie greatest pleasm-es which a Teacher's 
life affords is the interest of seeking out such a one, bowed down 
with burdens of depression and discouragement — unaccustomed 
to sympathy and kindness, and expecting nothing for the future 
but a weary continuation of the cheerless toils which have em- 
bittered the past; and the pleasure of taking off the burden, of 
surprising th& timid, disheartened sufferer by kind words and 
cheering looks, and of seeing in his countenance the expression 
of ease, and even of happiness, gradually returning. 

" 2. The Teacher should be interested in all his scholars, and 
aim equally to secure the progress of all. Let there be no neg- 
lected ones in the school room. We should always remember, 
that however unpleasant in countenance and manners that bashful 
boy in the corner may be, or however repulsive in appearance or 
unhappy in disposition that girl, seeming to be interested in 
nobody, and nobody appearing interested in her, they still have, 
each of them, a mother, who loves her own child, and takes a 
deep and constant interest in its history. Those mothers have a 
riffht, too, that their children should receive theii- full share of 
attention in a school which has been established for the common 
and equal benefit of all. 

" 3. Do not hope or attempt to make all your pupils alike. 
Providence has determined that human minds should differ from 
each other, for the very purpose of giving variety and interest to 
this busy scene of life. Now if it were possible for a Teacher so 
to plan his operations as to send his pupils forth upon the com- 
munity, formed on the same model, as if they were made by 
machinery, he would do so much toward spoiling one of the 
wisest of the plans which the Almighty has formed for making 
this world a happy scene. Let it be the Teacher's aim to co- 
operate with, not vainly to attempt to thwart, the designs of Provi- 
dence. We should bring out those powers with which the 
Creator has endued the minds placed under our conti'ol. We 
must open our garden to such influences as will bring forward all 
the plants, each in a way corresponding to its own nature. It is 
impossible if it were v>'"ise, and it would be foolish if it were pos- 
sible, to stimulate by artificial means the rose, in hope of its 
reaching the size and magnitude of the apple-tree, or to try to 
cultivate the fig and the orange where wheat only Avill grow. 
No : it should be the Teacher's main design to shelter his pupils 



112 TEACHERS. 

from every deleterious influence, and to bring every thing to bear 
upon the community of minds before bim, which will encourage 
in each one the development of its own native powers. For the 
rest, he must remember that his province is to cultivate, not to 
create. 

" 4. Do not allow the faults or obliquities of character, or the 
intellectual or moral wants of any individual of your pupils to 
engross a disproportionate share of your time. I have already 
said that those who are peculiarly in need of sympathy or help 
should receive the special attention they seem to require ; what I 
mean to say uow is, do not carry this to an extreme. When a 
parent sends you a pupil who, in consequence of neglect or of 
mismanagement at home has become wild and ungovernable, and 
full of all sorts of wickedness, he has no right to expect that you 
will turn your attention away from the wide field which, in your 
whole school room, lies before you, to spend your time and strength 
in endeavoring to repair the injuries which his own neglect has 
occasioned. It is both unwise and unjiist to neglect the many 
trees in your nursery, which by ordinary attention may be made 
to grow straight and tall and to bear good fruit, that you may 
waste your labor upon a crooked stick, from which all your toil 
can secure very little beauty or fruitfulness. 

" The school — the whole, school — is your field, — the elevation 
of the mass in knowledge and virtue, and no individual instance 
either of dullness or precocity, should draw you away from this 
steady pursuit." 

Government. — " The art of governing a school naturally divides 
itself into, 1. The preservation of order ; 2. The prevention of 
wrong ; 3. Incitement to study. Towards the accomplishment 
of ah these, the first requisite is to render your school pleasant. 
How is this to be done ? * * It is the exercise of our intellectual 
faculties which is the very essence of happiness. It is unpleasant 
only when long continued on one subject. It should therefore be 
varied ; for little children as often, perhaps, as every half hour ; 
for older ones, as often as every hour. Children are variously 
constituted in this respect ; some grow weary much sooner than 
others. An exercise should cease before any one has become 
weary. Restraint, unnecessary or too long continued, becomes 
wearisome. Every young person is impatient of it ; the law of 



TEACHERS. 113 

his whole nature requires action. The younger the child, the 
greater the impatience of restraint and confinen ent. There must 
therefore be breaks and recesses; for very young children as often 
as once in an hour ; for all, as often as once in two or two and a 
half hoiu's. Uneasy positions are and ought to be unpleasant. Care 
should therefore be taken that the seats be convenient, of a proper 
height, and pi'ovided with a back. An ill ventilated room is un- 
pleasaut. Take care that yours be well ventilated. Harshness is 
unpleasant ; scolding, in man or woman, is excessively mipleasant. 
Avoid both, and learn to govern yourself, and to win by kindness 
and by reason." * * * " Carry yozM'se^the right temper into 
your school every morning. This, more than anything else will 
insure the prevalence of general good temper in the whole school, 
for temper is contagious. A cheerful teacher will have a cheerful 
school ; a cross-grained teacher will have a cross-grained school." 
* * * " Order should be secured by the general arrangements 
of the schooh Children must not be left unemployed. When so 
left, they are almost sure to fall into mischief, or what a Teacher 
calls such, to relieve themselves from the hstlessness of idleness. 
If they cannot be employed, they should be dismissed, or allowed 
to take a recess." * * * * , 

" You will have puj)ils in your school who seem disposed to 
offend against the order of the school room ; perhaps from care- 
lessness, perhaps from willfulness. The first point to be attended 
to is, to ascertain who they are. Not by appearing suspiciously 
to watch any individuals, for this would be almost sufficient to 
make them bad, if they were not so before. Observe, however ; 
notice from day to day, the conduct of individuals, not for the 
purpose of reproving or punishing their faults, but to enable you 
to understand their characters. The work will often requu-e great 
adroitness and very close scrutiny ; and you will find as the 
result cf it a considerable variety of character, which the general 
influences of the school room will not be sufficient to control. 
The number of individuals will not be great, but the diversity of 
character comprised in it will be such as to call into exercise all 
your powers of vigilance and discrimination. * * * This is 
the field in which the Teacher is to study human nature, for here 
it shows itself without disguise. It is through this class, too, that 
a very powerful moral influence is to be exerted upon the rest of 
the schooL The manner in which such individuals are managed ; 
8 



114 TEACHEES. 

the tone the Teacher assnmes towards them ; the gentleness with 
which he speaks of their faults ; and the unbending decision with 
which he restrains them from wrong, will have a most powerful 
effect upon the rest of the school. That he may occuj)y this field, 
therefore, to the best advantage, it is necessary that he should 
first thoroughly explore it. 

" Every boy has something or other which is good in his dis- 
position and character, which he is aware of, and on which he 
prides himself; find out what it is, for it may often be made the 
foundation on which you may build up the superstructure of 
reform. Every one has his peculiar sources of enjoyment and 
objects of pursuit, which are before his mind from day to day; 
find out what they are, that by takmg an interest in what interests 
him, and perhaps sometimes assisting him in his plans, you can 
bind him to you. Every boy is, from the circumstances in which 
he is placed at home, exposed to temptations which have perhaps 
had a far greater influence in the formation of his character, than 
any deliberate and intentional depravity of his own. Ascertain 
what these temptations are, that you may know where to pity him 
and where to blame. The knowledge which such an examination 
of character wUl g^ve you will not be confined to making you 
acquainted with the individual. It will be the most valuable 
knowledge which a man can possess, both to assist him in the 
general administration of the school, and in his intercourse among 
mankind in the business of life. * * * "VVhenever a boy has 
been guilty of an offence, the best way is to go directly and frankly 
to the individual, and come at once to a full understanding. In 
nine cases out of ten this course will be effectual. To make it 
successful, however, it should be done properly. Several things 
are necessary. It must be deliberate; generally better after a 
little delay. It must be indulgent, so far as the view which the 
Teacher takes of the guilt of the pupil is concerned ; every palliat- 
ing consideration must be felt. It must be firm and decided in 
regard to the necessity of a change, and the determination of the 
Teacher to effect it. It must also be open and frank ; no insinua- 
tions, no hints, no surmises, but plain, honest, open dealing. 
* * * Is corporal punishment allowable and necessary? 
Sometimes, certainly. Order must exist. Obedience 7Jiicst be 
given. If the higher motives fail, recourse must be had to the 
lower. But the child on whom it is to be inflicted must be in a 



TEACHEES. • 115 

wretchedly low state; and the Teacher -who habitually has 
recourse to it, must be considered as not well understanding the 
principles or the duties of his calling." 

To the instructions and advice contained in the foregoing 
extracts,* I wiU add, that Teachers are authorized to suspend 
pupils, for violation of the order of the school. Such suspension 
is temporary only, and may be resorted to in extreme cases, until 
the conduct of the offending pupil shall be reported to the Directors, 
and investigated by them. Permanent suspension, for the term^ 
can only be inflicted as a punishment by the Board, and it must 
be a very grave offence to justify so severe a remedy. It is quite 
right for the Board to confide to the Teacher the privilege of ter- 
minating suspension for bad conduct, in the case of any pupil, as 
he is usually the best judge of the character of his pupils, and can 
best determine whether the re23entance of the culprit be genuine 
or not. Suspension for truancy is a questionable punishment, 
since it oftener accomplishes the object of the truant than that of 
the Teacher. 

3. It is the duty of the Teacher to maJce out and return his 
schedule to the Directors. — The schedule should be kept neatly 
and correctly. " The schedule must show the absence or presence 
of every scholar, imder the proper date, and opposite to the name, 
on every day that the school has been kept open." No time is 
fixed in the Law specifically for the return of the schedule by the 
Teacher to the Directors, — only, " when the Teacher shall have 
completed his or her schedule," is the return required. The 
schedule must be returned to the Directors. The Law makes it 
the duty of the Teacher to " deliver it [the schedule] to some one 
of the Directors." If, in consequence of oiot being delivered to 
the Directors, the schedule should be lost, as has happened, the 
Teacher is responsible for such loss. The schedule micst he cer- 
tified by the Teacher. If the schedule be returned to the Directors 
without being certified by the 'Teacher, the return is not legal. 
Teachers are required to keep a separate schedule for pupils who 
are transferred from another district. 

4. It is held that the Teacher may dismiss school on the usual holi- 
days toithout loss of the time. The usual holidays are New Tear's 
and Christmas days. Independence day, and days of public fast- 

* These extracts are taken from ' ' The School and the Schoolmaster,'' ' and ' ' Abbott's 
Teacher.'''' 



116 TEACHERS. 

ing and prayer, or of public thanksgiving, appointed by the State 
or National authorities. When school is so dismissed, the Teach- 
er's time is to be reckoned jDrecisely as if school had not been 
dismissed. While Teachers inay dismiss school upon the holi- 
days as stated, yet if they agree with the Directors to waive such 
privilege, then they are under obligation to teach on holidays, if 
the Board require it. 

5. The jurisdiction of the Teacher includes the school room and 
school premises. Pupils are under the Teacher's authority, not 
only while they are in the school room and during school hours, 
but while they are on the school premises. Order and obedience 
may and should be commanded by the Teacher of his pupils both 
in and out of the school room, so long as they are in the school 
room or upon the school grounds, and for any violation of order 
in this respect the Teacher may call his pupils to account, and 
punish them, if it be deemed necessary. 

6. It is the duty of the Teacher to return a monthly/ Report to the 
School Commissioner. The form of this Report is given in Part 
II., and may be found by referring to the Index. It is of great 
importance that this duty be attended to regularly and promptly. 

7. Teachers may he dismissed for cause. Directors are author- 
ized to dismiss a Teacher for " incompetency, cruelty, negligence 
or immorality." This is a dismissal from employment. The 
School Commissioner is authorized to revoke a Teacher's license 
for " gross immorality, incompetency, or other adequate cause." 
The effect of such revocation is a dismissal from the profession^ 
by which the Teacher is deprived of his right to teach., until 
he shall have been re-licensed by the same or another Commis- 
sioner. 



SCHOOL HOUSES. Il7 



SCHOOL HOUSES AND SCHOOL SITES. 

School houses are to be built at the expense of the districts in 
■which they are situated. For this purpose it is provided in the 
Law that a special tax may be levied upon the taxable property 
of tlie district. A school house cannot be erected in any district 
until the proposition to build shall have been submitted to the 
people, at an election held for the purpose, \_See. 48] and shall 
have been approved by a majority of the legal voters present and 
voting at such election. A tax cannot be levied to build a school 
house, without the consent of a majority of the voters present 
and voting at an election caUed*for the purpose. The amount of 
tax levied in any one year to build a school house can not exceed 
ISec. 47] two per cent, of the taxable property of the district. 
Directors may be authorized by a vote of the people of the dis- 
trict to borrow money for the purpose of building a school house, 
at a rate of interest not exceeding ten per cent., and issue bonds 
in sums of not less than one hundred dollars for the payment of 
the sum borrowed, but the sum borrowed in any one year shall 
not exceed three per cent, of the taxable property of the district. 

When it is proposed to build a school house in any district, the 
first business of importance is to select a suitable site. Reference 
should be had, in selecting a site for the school house, to the 
quantity of land to be embraced in the premises, and to its 
locality. For a school house situated in the country, a half acre 
of land is the very least that should be used, and an acre should 
be secured, if possible. As soon as obtained, it should be enclosed 
with a neat, substantial fence, and should be set out with shade 
trees, unless nature has already provided sufficient shade. Scholars 
will thus have a commodious and pleasant play-ground, and may 
exercise themselves sufficiently within the limits of the school 
grounds, without tresj^assing upon the neighboring premises. As 
to locality, the school house should be situated as near the centre 
of poijulation as possible, thus alFording as equal accommodations 
as may be to all the school-going children of the district. Refer- 
ence should be had to the prospectivie as well as present population 
of the district, as a district school house cannot be built every 



118 ■ SCHOOL HOUSES. 

year, and is intended for future as well as present use. The loca- 
tion of the school house should be healthful. Places in the vicinity 
of stagnant or sluggish streams should be avoided. Low and 
damp, or bleak and exposed positions are unsuitable. No con- 
siderations of false economy should influence a district to prefer 
an unhealthy location, because it may happen to be a few dollars 
cheaper than a healthy one. When the site has been determined 
upon, and before it is purchased, or the building commenced, the 
Directors should satisfy themselves that a perfect title can be 
obtained, so that in the event the site should hereafter prove 
inconvenient or unsuitable, it maybe readily sold and clearly con- 
veyed. School sites cannot be obtained from the holders of land 
upon compulsion. 

The question of site being settled, the next business is to deter- 
mine upon the kind and plan of school house. As to the kind of 
house, it must be considered of what materials it shall be built, 
and this must be decided from considerations of utility and 
economy. Estimates of cost, in different localities, as between a 
building of wood, and of brick, or of stone, will vary in propor- 
tion as the cost of such materials varies, in the same localities. 
Only let no estimate he made on the cost of logs. Of the plan of 
the school house, it will be necessary to fix upon the dimensions 
of the building. This wiU be determined by the number of 
pupils it is designed to accommodate. Of course m buUding a 
school house, some reference will be had to its future use, when 
the population of the district shall have increased. The plan of 
a proposed school house should be well and thoroughly matured. 
It would be well, before fixing upon the plan, to consult an archi- 
tect or some approved work on the subject of School Architecture, 
or to visit and examine other good school houses, or if there be 
no model building in the vicinity, to correspond with the school 
officers of some district ia which a good house has been built, and 
obtain from them a statement, in detail, of plan. At any rate, 
have the house sufficiently large, 1. To admit the requisite number 
of desks and seats ; 2. To allow every pupil room to sit com- 
fortably, and to leave his seat without disturbing any one else ; 3. 
To afford space in front of the desks and next the Teacher's plat- 
form for the convenient arrangement of classes while reciting ; 4. 
To have aisles or passages of sufficient number and width to 
allow pupils to pass and re-pass without being incommoded or 



SCHOOL HOUSES. 119 

incommoding others ; 6. To secure a wholesome atmosphere. 
The space between the Teacher's platform and the first desk 
should be not less than eight feet ; ten feet would be better. The 
platform may be raised about eight or ten inches. Every avail- 
able space of wall in the vicinity of the Teacher's position should 
be used for black-board purposes. It is better to have no window 
in that end of the house occupied by the Teacher, and toward 
which the pupils face when sitting at their desks. A small room 
or rooms, communicating with the entrance, and through which 
the pupils pass on entering the school-room, should be partitioned 
ofi", to be used as wardrobe, furnished with wooden or iron pins 
for the accommodation of hats, bonnets, cloaks, shawls, &c. Con- 
siderations of health require a good, high ceUing, and a certain 
space for each pupil. Every scholar must have pure air. To 
secure this, he must have not only sufficient space on the floor, 
but sufficient space also between the floor and the ceiling. Every 
pupil, within doors, needs about 150 cubic feet of space in which 
to live and respire healthfxdly. So, if he occupy a space on the 
floor of three and a half feet square, the height of the room 
should be about fourteen feet. The window sashes should be 
swung with weights, and ventilation should be chiefly regulated 
by lowering and closing the upper sash. Seats and desks should 
be of miifoi-m pattern, and of sizes adapted to the pupUs who use 
them, and should be arranged in rows or ranges at equal dis- 
tances. It is better for all the pupils to sit facing towards the 
Teacher's desk. There should be enough light in the room, but 
not too much. " The windows should be, if possible, on the east 
and west sides of the room, on the right and left of the pupils 
and Teacher. Windows on the north admit too much cold in 
winter ; on the south, too intense a light, at the horn- when it is 
greatest. The eye is often materially and permanently injured 
by being directly exposed to strong light ; and if the light come 
from behind, the head and body interposed throw the book into 
their shadow. If windows open towards a road, or any other 
object attractive to children, they should be so high that the 
pupil, sitting, cannot look out. Windows set high give a more 
Tininterrupted light, and are less liable to be broken than low 
ones. But if the house be situated at a distance from attractive 
objects, the windows maybe at the usual cheerful height. In any 
case, they should be furnished with blinds or green curtains." 



120 SCHOOL HOUSES. 

The usual mode of heating school houses is hy means of common 
stoves, and perhaps any better way will be found generally 
impracticable. Teachers should watch the temperature of the 
room, and guage it, by means of a thermometer, at about 60 
degrees. More detailed suggestions can not here be given. The 
school house and school premises should, in all their internal and 
external arrangements, be a model of convenience, neatness, 
beauty, order and comfort. Ordinarily, we do not seek for 
splendor and magnificence in the construction of our school 
houses. We do seek, however, for beauty, order and com- 
fort. Let every school district feel a pride in erecting a good 
school house, and let public opinion sanction and encourage an 
enterprising and liberal policy in this respect. Then may we 
soon hope for a better progress in all that pertains to the useful- 
ness and success of our common school system. 

After agreemg and determining upon the size and style of the 
school house to be built, the Directors should prepare, or cause 
to be prepared, a plan and specifications of the work, after which 
the contract may be let. In some cases, the work is let publicly, 
to the lowest bidder ; but there is nothing in the Law requiring 
this. The Board may act as they deem proper, but should 
endeavor to conform to the general wishes of the people, so that 
no dissatisfaction follow. Directors should be well satisfied of 
the competency and responsibility of a bidder, or of a party pro- 
posing to execute the work, before employing him. A written 
contract should be entered into in every case. Directors cannot 
contract for the building of a school house with one who is a 
member of the Board. 

Supervision and Contkol of School Houses. — ^By Section 
39, the Directors are vested with the exclusive supervision and 
control of school houses. It is the doctrine of the Law rigidly 
interpreted, that school houses are to be used for school purposes 
only. They are public property, it is true, but the control of 
them is vested exclusively in the Board, and citizens, though they 
have a real right and interest in them, cannot use them for public 
purposes without the consent of the Directors. And Directors 
should not permit them to be vised for other than school purposes 
only when such use is calculated to promote public intelligence 
and virtue, and especially the improvement of youth. It is legiti- 



SCHOOL HOUSES. 121 

mate to use school houses for Teachers' Institutes, or for public 
educational meetings. "When persons are occupying a school 
house with the consent of the Directors, they cannot be lawfully 
interrupted, and if interrupted, the offenders may be dealt with as 
trespassers. 

The duty of Directors to supervise and control school houses 
implies the exercise of a special care over the building and pre- 
mises, and obliges them to keep the whole in good repair. They 
should see that the school house is provided with a good lock and 
key, that the windows are kept whole by removing broken panes 
and substituting new ones, that stoves are suj)plied and so secured 
as to prevent accident from fire, that the desks, seats, furniture, 
&c., are protected from injury, that the well, fences and out- 
buildings are kejDt in good condition, and where these are wanting 
to supply them. These duties will incur expense, which must be 
provided for in estimating the annual tax. 

FUENITUEE AND APPARATUS FOR ScHOOL HoUSES. It is the 

duty of Dii-ectors to provide suitable furniture and apparatus for 
school houses. The Law does not specify the very kinds of furni- 
tm-e or apparatus to be provided, but leaves it to the discretion 
of the Board to act as may be prudent and necessary. It is their 
duty to supply such furniture and apparatus, in quality and amount, 
as may be necessary, and as the means at their disposal will per- 
mit. They are to direct " what branches will be taught." This 
implies their right to provide whatever is necessary to secure the 
right teaching of the branches they prescribe, and hence all appa- 
ratus that may be required to illustrate and facilitate the prescribed 
studies may be furnished by them. Black-hoards are indispens- 
able, and the more the better. Maps, charts, globes, &c.j are 
necessary, and may be provided. Every school house should be 
fm'nished, too, with a large BiUe and a Dictionary. Apparatus 
for physical and gymnastic training is useful, and every school 
should be properly supplied with whatever is necessary to advance 
the physical education of its pupils. 



122 ^ SCHOOLS IN CITIES. 



SCHOOLS IN CITIES AND INCORPORATED TO^W*NS. 

Schools in cities and incorporated towns, which have been 
organized under special charters, and which are under the super- 
vision and control of local and corporate Boards, are subject to 
the rules and regulations of such Boards made in pursuance of 
said special charters. The enactments of city and town Boards 
of Education, made under the authority of special charters, super- 
sede and set aside the provisions of the general School Law, and 
the legally constituted school authorities of cities and towns, acting 
under their respective charters, have full power to make such 
rules and regulations for the government of schools as they may 
deem prudent and proper. 

It is required by Section 19 of the general Act, that Boards of 
Education, acting under special charters, shall report to the proper 
School Commissioner the statistical information demanded by the 
State Department, and in this respect, such Boards are subject to 
precisely the same requirements as township and district school 
officers, acting under the general Law. In default of furnishing 
said statistics, no part of the common school fund can be paid to 
the Treasurer of said Board. 

Under the special powers conferred. School Boards acting under 
a local character, may form such districts as they may deem best ; 
they may prescribe such rules for the admission of pupils, and for 
the government of schools as they may judge proper ; they may 
devise such plans and arrangements for the buUding and furnish- 
ing of school houses as may be thought necessary ; and they may 
prescribe their own rules and regulations with reference to the 
quahfications of Teachers and their employment in the schools 
under their control. In a word, they are empowered to manage 
in all respects their own local schools in then- own way, subject 
only to the provision of Section Id, requiring statistical returns 
to be made to the School Commissioner at such times and in such 
manner as is required by the general Act. 



NORMAL UNIVEESITT. 123 



NORMAL UNIVERSITY. 

PEELIMIISrAEY EEMAEKS. 

The State of Illinois has enjoyed the advantage of being settled 
by active, energetic, vigorous and JDrogressive men — men who are 
so far free from the trammels of early prejudices, and the usages 
to which they had been accustomed in other States, as to be 
willing to adopt new ideas, and to inaugurate new measures when- 
ever the circumstances seem to demand such a course. And 
among aU our people, the Teachers are in a special manner charac- 
terized by this trait. No improvement in educational methods 
has ever been rejected by Illinois School masters because of a 
selfish jealousy, or a blind attachment to ancient ways. They 
have been ready at all times to extend a cordial welcome to every 
new truth that has been proclaimed by the pioneers in educational 
progress, to encourage and applaud every step in advance. 

And nowhere has this generous and sensible tendency been 
more manifest than in the matter of the Normal University. In 
many States the establishment of Normal Schools has been opposed 
by the body of Teachers, lest its graduates should assume to push 
present incumbents from their places, and to take possession, 
themselves, of every position of honor and influence m the pro- 
fession. But no such petty delusion found favor with the Teach- 
ers of Illinois. On the contrary they were the first, in their 
public meetings, institutes and associations, to demand the prac- 
tical recognition, in this State, of the principle that Teachers ought 
to be prepared for their work, as physicians, lawyers and clergy- 
men are required to be for theirs. It is now nearly thirteen years, 
since these earnest men began to move in the matter by news- 
paper articles, lectures and discussions. Of course, as is always 
the case with movements of this kind, the result was by no means 
easily reached, nor did it come at once. Six years of agitation 
was required to j)repare the public mind of even progressive 
Illinois for the adoption of a measure so vitally important to a 
successful system of education. It was not until the 18th day of 
February, 1857, that the act establishing the "State Normal 
University near Bloomington, in the County of McLean," was 
signed by the Governor. 



124 KOEMAL irNI"VERSITT. 

PROVISIONS OF UNIVERSITY ACT. 

By this act, fourteen gentlemen therein named, together with 
the Superintendent of Public Instruction ex-officio, are ajDpointed 
a body corporate and politic, to be styled " The Board of Educa- 
tion of the State of Illinois." This Board is to have and exercise 
all the powers necessary to hold property, to enter into contracts, 
and to perform aU the duties usually performed by trustees of 
corporations. It is to govern and control the Normal University, 
by any necessary regulations not in conflict with the constitution 
and laws of Illinois and of the United States. 

The Superintendent of Public Instruction is to be a member 
and Secretary of the Board, and to report to the Legislature, 
biennially, the condition and expenditures of the University. 

No member of the Board of Education is to receive any com- 
pensation for attendance on the meetings of the Board, except his 
necessary expenses. Five members constitute a quorum at any 
meeting, provided aU have been notified. 

"The objects of the University shall be to qualify Teachers for 
the Common Schools of this State by imparting instruction in the 
art of teaching in all branches of study which belong to a common 
school education ; in the elements of the natural sciences, including 
agricultural chemistry, animal and vegetable physiology ; in the 
fundamental laws of the United States and of the State of Illinois, 
in regard to the rights and duties of citizens ; and such other 
studies as the Board of Education may from time to time 
prescribe." 

The Board is to prescribe text-books, apparatus and furniture, 
and to provide the same. Also to appoint, and fix the salaries of 
all officers and Teachers necessary, and to have power to remove 
any of them for proper cause, after a notice of ten days, setting 
forth any charge which may be duly presented, and after a reason- 
able opportunity of defence. 

The seventh section of the act is as follows : 

" Each County within the State shall be entitled to gratuitous 
instruction for one pupil in said Normal University, and each Repre- 
sensative District shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said 
district, to be chosen in the following manner : The School Com- 
missioner in each county shall receive and register the names of all 
applicants for admission to said Normal University, and shall present 
the same to the County Court, or, in counties acting under town- 



NOEMAIi UNIVERSITY. 125 

ship organization, to the Board of Supervisors ; which said County 
Court or Board of Supervisors, as the case may be, shall, together 
with the School Commissioner, examine all applicants so presented, 
in snch manner as the Board of Education may direct, and from 
the number of such as shall be found to possess the requisite quali- 
fications such pu2)ils shall be selected by lot ; and in representative 
districts composed of more than one coxmty, the School Commis- 
sioner and County Judge, or the School Commissioner and Chair- 
man of the Board of Supervisors in counties acting under township 
organization, as the case may be, of the several counties composing 
such representative disti'ict, shall meet at the Clerk's office of the 
County Court of the oldest coimty, and from the ajDplicants so 
pi-esented to the County Court or Board of Supervisors of the 
several counties represented, and found to possess the requisite 
qualifications, shall select by lot the number of pupils to which 
said district is entitled. The Board of Education shall have dis- 
cretionary power, if any candidate does not sign and file with the 
Secretary of the Board a declaration that he or she will teach in 
the public schools within this State, in case that engagement can 
be secured by reasonable efforts, to require such candidate to 
provide for the payment of such fees for tuition as the Board may 
prescribe." 

(AMENDED FEBRUARY, 1861.) 

" Sec. 4. Each County in this State shall hereafter be entitled 
to gratuitous insti'uction for two pupils in said University, to be 
selected as provided in Section Seven of the Act to which this is 
an amendment." 

The following was adopted by the Board of Education, Decem- 
ber 18th, 1861: 

" Resolved, That the Principal may, at his discretion, admit 
to the Normal University more than two students from each 
county, provided the whole number of students shall not exceed 
the aggregate of two from each county, and one from each repre- 
sentative district." 

The act appropriates the interest of the University and Seminary 
fund to the support of the, l^ormal University, but no part of such 
interest is to be used in the purchase of sites or the erection of 
buildings. 

The members of the Board hold their offices for six years, and 
all members, since the first, are appointed by the Govei'nor, by 
and with' the advice and consent of the Senate. Those appointed 
in the act divided themselves by lot into three classes, so that one 
third of the members Avere to hold office for two years, one third 
for four years and one third for six years. This secures the Board 



126 NORMAL UNIVBESITT. 

against abrupt changes, and insures at all times a majority of 
experienced members. 

At each biennial meeting, one of the members of the Board is 
elected President, and another person, not a member, is chosen 
Treasurer, the latter of whom gives bonds satisfactory to the 
Board, conditioned for the faithful discharge of his duties. 

EARLY PROCEEDINGS OF BOARD, BUILDING, &C. 

The Board, appointed in the act, consisted of C. B. Denio, 
Simeon Wright, Daniel Wilkin s, C. E. Hovey, George P. Rex, 
Samuel W. Moulton, John Gillespie, George Bunsen, Wesley 
Sloan, Ninian W. Edwards, John Eden, Flavel Moseley, William 
H. Wells, Albert R. Shannon, and the Superintendent of Instruc- 
tion, W. H. Powell. They held their first meeting in the Super- 
intendent's ofiice in Springfield on Tuesday, May 4th, 1857. 
Hon. IST. W. Edwards was elected President. They at once 
entered upon the work for which they had been appointed. An 
agent, Mr. Simeon Wright, was appointed to visit some of the 
locations in the State where it had been proposed to establish the 
University, and to receive proposals, in accordance with the pro- 
visions of the act, which directed the building to be erected 
where the greatest inducements should be ofiered, provided the 
location should not be difficult of access, or otherwise objection- 
able. By far the most favorable ofier was made by the County 
of McLean, the City of Bloomington, and individuals, citizens of 
the County. Cash and land to the value of one hundred and 
forty-one thousand dollars were ofiered to secure the permanent 
location of the Institution near Bloomington. Here, therefore, a 
site for the building was fixed upon, and the work was vigorously 
begun. The contract was made on the 19th August, 1857. But 
the financial revulsion of that year soon came on. Individuals 
found it impossible to meet their engagements. Lands donated 
by the county could not be sold at anything like their appraised 
value. The necessary funds for carrying on the work could not 
be procured, and the enterprise was temporarily suspended. The 
suspension appears to have extended from the latter part of the 
year 1857 to the spring or summer of 1859. And the first use 
made of the building was on Friday, June 29th, 1860, when the 
assembly room was temporarily arranged for the commencement 
exercises of. the first graduating class. On Monday, September 



NORMAL UNIVEESITT. 127 

11 thy of the same year, the Institution first took up its permanent 
abode in the new building, where it has ever since remained, 
probably the best housed of any Normal School on the continent. 
During the three years from August, 1857, to September, 1860, 
the most persistent and \dgorous efforts were put forth by the 
friends of the School, members of the Board, and others, to secure 
the completion of the buildmg. Theii- labors in its behalf were 
beyond praise, — they were deserving of universal admiration. 
And nothing short of such labors could have saved this building 
from the fate of so many state educational stru.ctm'es begun about 
the same time in the West, that stand forth to-day unfinished 
ruins, the abodes of the owl and the bat before they had ever 
subserved any human purpose. And it will not be deemed invid- 
ious to notice as a preeminent man among these earnest laborers, 
Charles E. Hovey, the first Principal of the Institution. 

HISTORY OF SCHOOL. 

Mr. Hovey was appointed to his ofiice of Principal on the 23rd 
of June, 1857, and in July issued circulars to the County Com- 
missioners, announcing that the first session would open on the 
first Monday in October. In the meantime it was necessary, as 
the University building existed only in the plans of the architect, 
to secure temporary accommodations for the school. For this 
purpose a room in Bloomington, known as Major's Hall, was 
rented and fitted up for the purpose, as well as circumstances 
would permit. The seats and desks ordered from Boston did not 
arrive until late in the term, and rough oaken benches were used 
at first in their stead. Of desks there seems to have been none. 
In this room, on the day aforesaid, the Normal School of the 
State of Illinois began its existence, with Charles E. Hovey and 
Ira Moore as a faculty, and six young men and thii'teen young 
women as Students. In the course of eight days, the number 
increased to forty-three, which was the maximum for the term. 
During the term Mr. Charlton T. Lewis was added to the coi-ps 
of Instructors'. For short periods during the year, Miss B. M. 
Cowles and Mr. Chauncey Nye were also employed as Teachers. 
The Primary Department of the Model School was also opened 
during the first year, and placed imder the charge of Miss Mary 
M. Brooks. 

The session of 1858 and 9 opened in September, 1858, with the 
following faculty : 



128 N"OEMAIi TJNIVBKSITT. 

Charles E. IIovet, Principal, and Instructor in the Theory 

and Ai't of Teaching. 
Ira Mooer, Instructor in Mathematics. 
Samuel Willard, Instructor in Language. 
Edwin C. Hewett, Instructor in Reading and Geography. 
C. M. Cadt, Instructor in Vocal Music. 
E. R. Roe, Lecturer on Chemistry and Philosophy. 
Miss F. A. Peterson, Assistant Pupil Teacher. 
Miss Mart M. Brooks, Instructor in Model School. 

The number of students during the first term was 41 gentle- 
men, 57 ladies, — total 98. 

The first class was graduated on the 29th June, 1860, and consisted 
of six yotmg men and foiu- young ladies. The exercises, as already 
stated, took place in the assembly room of the new building. 

The session of 1860-1 'commenced with the following changes 
in the Board of Instructors : Leander H. Potter had been ap- 
pointed in the place of Dr. Willard, Joseph A. Sewall was 
Instructor in Natural Sciences, Miss Peterson was a full member 
of the faculty, J. H. Bryant was Instructor in Drawing, and 
Irving Yescelius in Penmanship. The Model School was under 
the instruction of Oliver Libby, Joseph G. Howell, and Miss 
Fannie M. Washburn. 

It was in the spring of 1861 that our country was startled by 
the boom of rebellious cannon at Sumpter, and that the loyal 
masses of our people sprang to arms in defence of their assaulted 
nationality. Young men, in pursuit of knowledge, have ever been 
distinguished by their sensitiveness to the appeals of patriotism. 
Nor did history fail, in this instance, to be true to her antecedents. 
All over the land, the students were among the first to rally under the 
old flag, and an army list became a feature in the annual catalogue 
of almost every institution of learning. Among these, the Normal 
University took a very prominent part. Not only many of the 
students, but also five members of the faculty, including the Prin- 
cipal, entered the army in the course of the spring and summer. 
One of the Illinois regiments, the 83d, organized just after the 
close of the annual session, elected the Principal for its Colonel, 
and was known as the Normal Regiment, and it was in this that 
most of the students enlisted. The exercises of the Institution 
were carried on, however, though with many irregularities, until 
the regular closing of the school year, on Friday, the 3d July, 
1861, when the second class was graduated. 



NORMAL I7NIVEBSITY. 129 

The events just alluded to greatly deranged the operations of 
the University. But the remaining forces were rallied, the places 
of the absent instructors were filled, some temporarily, and the 
fifth year began with the following faculty : 

Perkins Bass, Esq., a member of the Board, Principal, (tem- 
porary) assisted by Messrs. E. C. Hewett and J. A. Sewall 
in their respective departments, Mr. John HuU in Mathe- 
matics, and Mr. B. E. Messer in Vocal Music, Miss Margaret 
E. Osband in Grammar and Rhetoric, and Miss Frances A. 
Peterson. The Model Department was under the charge of 
Ml'. H. B. Norton, assisted by Misses Mary E. Baker and Marion 
Goodrich, who, resigning at the end of the first term, were suc- 
ceeded by Mr. C. F. ChUds and Miss L. E. Ketcham. During 
the second term Mr. Hull was succeeded by Richard Edwards. 
The session closed on Friday, June 29th, 1862, when the thii'd class 
was graduated. It numbered three young men and five young 
ladies. At this time Mr. Bass retired from the school by the 
termination of his engagement, and Miss Peterson by resig- 
nation. 

The University entered upon its sixth year on the- 8th Septem- 
ber, 1862, with Richard Edwards as Principal, Thomas MetcaLf 
as Instructor in Mathematics, and Albert Stetson as Instructor in 
Language, the remaining members of the faculty being as 
during the previous year, with the exceptions indicated above. 
The school had now fuUy recovered from its prostration on account 
of the war. The numbers in attendance far exceeded those of 
any previous time. But the upper classes, from obvious reasons, 
continued small. The years' session terminated on Friday, June 
26, 1863, when the fourth class, consisting of three gentlemen 
and four ladies, was graduated. At the close of the year, Mr. 
Childs resigned his place in the Model, to become Principal of 
the St. Louis High School. Miss Ketcham's situation also became 
vacant by her resignation. 

The seventh year was entered upon, September Yth, 1863, with 
no change in the faculty, excepting in the Model School. Mr. W, 
L. Pillsbury was appointed to succeed Mr. Childs, and Miss 
Marion Hammond to succeed Miss Ketcham, and Mr. L. B. 
KeUogg was, on account of the greatly increased numbers, 
appointed as an additional Teacher. This increase was very 
marked in both the Normal and Model Departments. 
9 



130 



NORMAL UNIVERSITY 
COURSE OF STUDY. 



The course of Study occupies three years. The arrangement 
of it is indicated by the subjoined Table, each star denoting that 
the study opposite to it is pursued at the time marked above it. 



■-% 


COUKSE OP STUDY. 

TABULAE VIEW. 


1st Ybak. 


2d Year. 


8d Year. 




1 1 2 1 8 


4 1 5 


6 


7 1 8 1 9 


Terms. 






o 

09 


o 


d 
-a 

CO 
tH 


d 


d 


d 

TO 


d 


15 
51 
13 


I 
II 

in 

IV 

V 

VI 
VII 

o 

•d 
S' 



r 


Metaphysics 


1 


* 








Hist, and Methods of Educ. 
Constitutions of U.S. and 111. 

School Laws of Illinois 

English Language 




* 


r 


* 


* 




1 










* 






1 




1 


* 


12 
93 

28 


* 


* 1 * 


* 


* 


* 


* 




Arithmetic 


* 


* 1 














Algebra 




1 * 












12 

28 


Geometry 




1 


* 


* 










Natural Philosophy 

Book- Keeping 












* 






15 
12 
40 
28 
















* 


Geography 


* 


* 






* 






History 






* 


* 










Astronomy 




1 










* 




18 
13 
12 


Chemistry 






* 








B otany 




1 


1 


* 






Physiology 














* 






15 
12 
28 

28 
80 


Zoology 






1 




* 


Vocal Music ._ 


* 


* 


* 


* 


* 


* 


* 


* 


* 


"Writing and Drawing 

Latin Language 


* 


* * 


* 


* 


* 


* * 


• 


* 


* 1 * 


* 


* 


* 




Algebra 




1 


* ! 








15 


Higher Mathematics 




1 






* 


* 


25 



NORMAL mnVEESITT. 131 

The Divisions I, II, III, etc., in the foregoing Table, are made 
with reference rather to the studies in charge of different teachers 
than to a strictly logical grouping of subjects: The annexed syl- 
labus is intended as a Key to the table. 

DIVISION I. 

Metaphysics. Fourth Term. Mental Philosophy precedes 
and is made the basis of instruction in the Theory and Art of 
Teaching. It comprises : (1.) An explication of terms. (2.) A 
general inquiry into the nature of mind : What is it ? What are 
its Facts, Laws, and Results ? The facts and laws of Knowledge, 
Feeling, and Exertion. (3.) A more particular study of Conscious- 
ness, Perception, Memory, Imagination, and the Reflective and 
Regulative Powers. (4.) The Feelings. Theory of Pleasure and 
Pain. 

Theory and Art of Teaching. The Third, Sixth, Seventh 
and Ninth Terms are occupied, in this department, with the study 
of the Science, Methods and History of. Education. The course 
of necessity takes a somewhat wide range, so that only a part of 
the topics can here be enumerated. (1.) The Order, in time, of 
the Development of the Mental Faculties, and the exercises best 
I adapted to encom-age their growth. The special purpose of each 
faculty, and the means to train it. Relation of the Mind to the 
Body, and the effect of the vigorous exercise of each upon the 
other. Laws of Bodily Health. Ventilation; Pasture; Gym- 
nastics; Formation of Courses of Study. (2.) Motives. The 
incentives which a teacher may allow to act upon himself or his 
pupils. The Conscience — how it should be educated. (3.) The 
Organization and Classification of Schools. Programme of Daily 
Exercises. The Recitation. School Government. (4.) History 
of Systems and Methods of Education. Biographies of Eminent 
Teachers. (5.) Drill Exercises in Teaching. Observation and 
Practice in the Model School; General Teaching Exercises before 
the Normal School. 

Eighth Term. The Constitutions of the United States and of the 
State of Illinois. Duties of Teachers as Citizens. 

Ninth Term. The School Laws of Illinois. School Supervision 
and Management. School-House Ai'chitecture. Practice in the 
Model School. General Exercises in the Normal School. 



132 NORMAL UNIVERSITY. 

DIVISION n. 

Reading. First Term. Analysis of Words according to their 
elementary sounds. Articulation and Pronunciation. Compass 
and Flexibility of Voice. Analysis of Words according to their 
derivation and formation. 

Grammar. Second Term. Etymology during the first half of 
the term. Aim to teach the office of each part of speech in the 
construction of sentences. Critical Parsing. During the last 
half of the term, Construct, Analyze, and Parse, sentences of 
various kinds. Daily exercise throughout the term in the Correc- 
tion of False Syntax. 

Third Term. Analysis and Construction of Sentences con- 
tinued. Rules of Syntax. Capitalization. Consideration of 
Abridged Propositions and Idiomatic Forms and Constructions. 
Daily exercise in the Correction of False Syntax. 

Rhetoric. Fourth Term. Formation of the English Language. 
Literary Taste. Figurative Language. Style and its varieties. 
Punctuation. Composition, Analysis and Amplification of subjects. 

Reading. Fifth Term. Modulation. Prosody. Composition 
read once a week during the term. 

LiTEEART Criticism. Sixth Term. Examine the style of the 
best English Authoi-s of different periods. Study particularly the 
style of Milton, Addison, Goldsmith, etc. Blair's Rhetoric. 
Compositions dming the term. 

Eighth Term. History of English Literature. Rise and Devel- 
opment, in England and America, of Poetry, History, Romance, the 
Essay, Oratory, and Metaphysics. Principal Authors in each 
department. Newspapers, Reviews, and Magazines. English 
Literature compared with that of other nations. Orations and 
Essays written weekly, and delivered or read in the presence of 
all the students. 

DIVISION ni. 

Arithmetic. First Term. The Decimal System: including 
Decimal Fractions, so called. Factoring, and its application to 
Common Multiples and Divisors. Fractions. Compound ISTumbers. 

Second Term. Ratio and Proportion. Percentage, with its 
application to Loss and Gain, Commission, Insurance, etc. Per- 
centage with time, including Interest, Discount, Partnership, and 
Equation of Payments. Exchange (Inland and Foreign). Extrac- 



KOEMAL insnVEESITT. 133 

tion of Second and Third Roots of Numbers. Arabic method of 
Kotation, using bases other than 10; applied particularly to 
Duodecimals. 

Algebra. Third Term. Algebraic Notation. Factoring, 
with application to Divisors and Multiples. Fractions. Equations 
of First Degree. Extraction of the Roots of Algebraic quantities. 
Rules deduced for the extraction of the Roots of Numbers. 
Radicals. 

Fourth Term (Optional). Equations of Second Degree. Ratio 
and Proportion. Series ; including the Progressions, Binomial 
Expansion, Permutation, Undetermined Co-efficients, Methods of 
Interpolation, and the method of Summing Special Forms ; Piling 
of Balls and Shells. Logarithms, with methods of Computing the 
Tables. Exponential Equations, with Position. Interest and 
Annuities. 

Geometet. Fourth Term. Straight Line, and Surfaces bounded 
by Straight Lines. The Circle. Extra Theorems and Problems 
given for demonstration and solution. 

Fifth Term. Solids boimded by Planes. The Cylinder. The 
Cone. Surface and Solidity of Sphere. Plane Trigonometry, 
with its application to Land Surveying. Leveling. Variation 
of Magnetic Needle. 

Fight and Ninth Terms (Optional). Equations of Point, 
Right Lines and Circle. Equations of Point, Right Lines, and 
Plane, in Sphere. Equations of Cylinder and Cone. General 
Equation of Conic Section referred to its own Piano*. General 
Equation of Second Degree between two Variables. Loci. Sur- 
face of Revolution. Differential Calculus. Integral Calculus. 

Physics. Seventh Term,. Laws of Motion and Mechanics. 
Hydrostatics and Hydraulics. Pneumatics. Optics. Electricity 
and Magnetism. 

DIVISION IV. 

Geography. First Term. (1.) General Principles of Geogra- 
phy; Execution of Maps, and Outline of South America, 15 
lessons; Andes Mountains and countries containing them, 13 
lessons ; remaining countries of South America, 5 lessons ; Cities 
of South America, 5 lessons ; Review, 5 lessons. Total for South 
America, 43 lessons. (2.) Outline and Map of North America, 
6 lessons • Russian and British America, 5 lessons ; New England 



134 NORMAL UNIVERSITY. 

and New York, 12 lessons. Astronomical Geography. Latitude 
and Longitude, Day and Night, the Seasons, etc., 5 lessons. 
Review, 5 lessons. 

Second Term. (1.) Remaining States and Territories of the 
United States, 22 lessons ; Mexico, Central America, etc., 5 lessons ; 
Review, 3 lessons. TotalforNorth America, 52 lessons. (2.) Out- 
line and Map of Europe, 6 lessons ; Mountains and Rivers of the 
Continent, 5 lessons ; Rapid glance at the countries of the Con- 
tinent, 10 lessons; More thorough study of Britain as a model, 10 
lessons ; Review, 5 lessons. Total for Europe, 35 lessons. 

Sixth Term. (1.) Outhne and Map of Asia, 5 lessons ; Moun- 
tains and Rivers of Asia, 5 lessons; Countries and Cities, 10 
lessons ; Total for Asia, 20 lessons. (2.) Physical Geography. 
Review of the Earth's Forms, with a sketch of the Theory of its 
Origin, 10 lessons; Physical Life of the Earth, Temperature, 
Atmospheric and Marine Currents ; Rains, and the Effects of 
Climatic Conditions on Vegetable and Animal Life, 12 lessons. 
Historical View of the Earth: the Relations of its Forms and 
Physical Life to the Development of the Human Race, 8 lessons ; 
Review, 10 lessons. Total for Physical Geography, 40 lessons. 

United States History. Fourth Term,. Voyages, Discov- 
eries, and Lidian Ti'ibes, 10 lessons ; Colonial History, 15 lessons; 
French War and Revolution, 20 lessons ; Subsequent History, 
with a special study of Illinois, 15 lessons ; Review, 15 lessons, 
Text-Book— Willson. 

Ancient History. Fifth Term. One Term (13 weeJcs) 65 
Jjessons. Early Asiatic Nations, 8 lessons ; Grecian History, 12 
lessons ; Roman History, 15 lessons ; Most Prominent Events of 
the Middle Ages, 10 lessons ; Britons, 5 lessons; Review, 15 les- 
sons. Text-Book — "Weber. 

Astronomy. Eighth Term. Definitions, with Oral Lessons 
and Exercises, 5 lessons ; Constellations, with Maps of the Heavens, 
15 lessons ; Refraction, Parallax, Time, the Seasons, Motions', 
Distances and Orbits of Planets, 15 lessons; General Description 
of the Solar System, 15 lessons ; Eclipses and Tides, 5 lessons ; 
Review, 10 lessons. Total, 65 lessons. Text-Books — ^Robinson's 
and Burritt's. 

division v. 

Chemistry. Fifth Term. Names and Properties of Elements ; 
Symbols ; Formulae ; Chemical Affinity, etc. Laws of Definite 



NOEMAL TJNIVEESITY. 135 

Prbportions. Behavior of Chemical Bodies toward eacli other. 
Changes of Form, Color, Properties. Air, Water, Light, — their 
relations to organic life. Organic Chemistry. Food of Plants. 
Outline of Chemical Analysis, qualitative and quantitative. Philos- 
ophy of Chemistry. 

Botany. Sixth Term. Structure of Plants, Mode of Growth, 
etc. Their relations to each other. Classification. Systems of 
Analysis, Natural and Linnesean. Written Analysis of at least 
seventy-five species of native plants by the Natm-al system. 

Anatomy and Physiology. — Seventh Term. General View of 
the Structure and Functions of the Human Body. Food and the 
Digestive Process. The Blood : its Chemical Composition and 
Vital Properties. Respiration and Nutrition. The Nervous Sys- 
tem. The Laws of Hygiene. 

Zoology. Ninth Term. The Sphere and Fundamental Prin- 
ciples of Zoology. General Properties of Organized Bodies. 
I'unctions and Organs of Animal Life. Intelligence and Instinct. 
Metamorphoses of Animals. Geographical Distribution of Animals. 

Exercises in Drawing, Music and Penmanship, are a regular 
part of the work of every student. Music and Penmanship follow 
each other on alternate days. Drawing is attended to during the 
last term of each year, but practice in this art extends more or 
less through the entire year. Map-drawing is a constant element 
in the course in Geography. 

There is a vigorous daily exercise in Free Gymnastics, accom- 
panied by Music. Its efiect upon the students, in promoting phys- 
ical health, clearness and vigor of mind, grace and precision of 
movement, is perceptible to every observer. In this the whole 
school engage at the same time. A part of each day is devoted 
to general exercises in Elocution, Mental Arithmetic, Etymology 
of English words, or some other useful and interesting topic. 

TEXT BOOKS AND EBFEEENCE LIBEAEY. 

Books for the use of students, in preparing their lessons, are 
loaned by the University, with the only important exception of 
the Geographical Gazetteer. This is so bulky, and so easily 
injured that it has been found impossible, without an unreasonable 
outlay of money, to furnish it for all the students. It is also a 
book of such permanent value, that the purchase of it, when pos- 
sible, is the highest economy. 



186 NORMAL UNIVERSITY. 

There is a very select Reference Library of some 700 volumes 
of standard works. No part of the school furnishings is more 
important or more useful than this. The books are in continual 
use. And the practice of judiciously consulting a good reference 
Library is regarded as highly useful in forming good mental habits. 
Many a student has mastered the principles and facts of his text- 
books, without having acquired the power to consider a topic 
independently, and to assimilate and combine what there is bear- 
ing upon it, in a number of books, written by different authors 
and from different stand-points. This power to digest material 
from different sources is of course essential to the scholar, and is 
greatly enhanced by the habit of consulting a reference library of 
standard books. 

THE METHOD OF MARKING. 

Some plan should, obviously, be devised for noting the progress 
of students in scholarship, and an accurate record of attendance 
and deportment has been found to be a promoter of promptness 
and well-doing. The scale of marking in the University stretches 
from to 10, the latter being the most creditable. This latter 
number is seldom used to indicate scholarship, being given only 
when some difficult subject has been mastered, some original 
thought expressed, or some valuable matter from an unexpected 
source, brought in. A 9 indicates an excellent recitation with 
nothing original or particularly striking about it. 8 is given for a 
fair average lesson, and is the more common mark, and so down 
the scale to 0, which explains itself. 

At the end of each school month, the sum of the marks received 
is divided by the number of recitations made during the month, 
and the quotient is taken for the average scholarship for that 
month. At the end of the term, these monthly averages, with 
the number obtained from the written examination, are again 
averaged, and the number thus obtained entered on the permanent 
record book, as the average in that study for the term. If the 
student be absent from any recitation, the mark against him is 
the same as though he were present, and had made an entire 
failure ; which mark, however, is to be changed when he shall 
prepare and recite to the Teacher, out of school hours, the lesson 
of the class for that day. The numbers entered on the record 
book for the different studies pursued during the term, are summed 



NOEMAL TJNIVEKSITT. 137 

and divided by the number of studies, thus giving the scholarship 
for the term. 

10 marks a perfect attendance; and in case of absence, such 
fractional part of 10 is deducted, as the time absent is of the 
length of the term. Each tardiness is counted equal to one half- 
day's absence. Every absence or tardiness unexcused by the 
Principal, causes a deduction from the credits for deportment^ the 
foi-mer of -^^ and the latter of y^^ of the amount for the term. 

The deportment is marked 10 if no marks for misdemeanor or 
irregularity are entered against the student during the term; a 
misdemeanor mark, given for an offence comparatively serious, 
takes away -^^ of the term's credits, and an irregularity, given for 
slight acts of carelessness, or the like, takes away y^^ of the 
same. Twenty recorded misdemeanors, or one hundred irreg- 
nlarities, would bring the deportment average to 0, effectually 
excluding the student from the Institution. 

The rules of the University are few and simple. Among them 
is one requiring every student to be in his room after a given 
hour, 7 p. m. in winter and 8 in summer, each evening. One 
evening each week is allowed for attending the Society meetings, 
and such as desire to attend church on Sunday evenings are per- 
mitted to do so. 

No student is advanced with his class unless he has made at 
least the requisite minimum average, about 7, in each of his 
studies. No amount of residence secures one step of advance- 
ment. Every student after a temporary absence has his place in 
the school detennined strictly according to his previous record, 
which is carefully examined for that purpose. Much of the suc- 
cess of the University is due to the care with which this regula- 
tion is insisted upon and applied. 

LITEEABY SOCIETIES. 

There are connected with the Institution two Literary Societies, 
the Philadelphian and Wrightonian. The members of the school 
are drawn into these societies by a fixed rule. Each Society has 
a valuable library of near 1000 volumes. They occupy commodious 
rooms, elegantly fitted up in the west end of the third story of 
the University building. They are both in a state of high effi- 
ciency, and their influence is most excellent upon the character 
of the students. Members of the Model School, males at the age 



138 NOEMAL msriVEESITT. 

of 17, and females at the age of 16, are admitted to full member- 
ship and are regularly drawn. 

NATURAL HISTORY SOCIETY. 

The Illinois Natural History Society occupies a fine hall at the 
east end of the third story, with its excellent Museum, of which 
the Teachers and pupils of the University have the unrestricted 
use for purposes of illustration and instruction. 

SUNDRY FACTS. 

There are three ways of boarding adopted by different 
students : 

First, in families or boarding-houses at $3 per week, exclusive 
of washing. 

Second, in clubs, where the students unite in the purchase of 
supplies, in hiring rooms for cooking and eating, and in employ- 
ing persons to do the work. By this arrangement all expenses 
are reduced to about $2 per week. 

Thirdly, some students board themselves in their own rooms, 
at an expense considerably below that incurred by either of the 
other methods. 

Rooms are readily procured for any of the above purposes. 

Candidates for admission into the University are required 

(1.) To be, if males, not less than 17 years of age, and if 
females, not less than 16. 

(2.) To pass a satisfactory examination, before the proper 
officers, (or, if admitted at large, before the Principal,) in Read- 
ing, Writiag, Spelling, Arithmetic, Geography, and the Elements 
of English Grammar. 

(3.) To produce a certificate of good moral character, signed 
by some responsible person. 

(4.) To sign a declaration of their intention to devote them- 
selves to school teaching in this State, in form as follows : 

" I hereby declare my intention to become a Teacher in the 
schools of this State ; and agree that for three years after leaving 
the University, I will report in writing to the Principal thereof, 
in June and December of each year, where I have been, and in 
what employed." 



NORMAL FNIVEESITY. 139 

(5.) To agree to remain in the school at least one year, con- 
secutively. 

The Board of Education hold two meetings in each year, one 
in December, and one in June. 

NtJMBBK OF STUDENTS AND GEADUATE8. 

There have been received at different times the following 
numbers : 











Males. 


Females. 


Total. 


lasf 


3 entering in the Autumn of 


1857 


15 


25 


40 


<c 


dm-ing 


succeeding Winter and Spring 


24 


24 


48 


(C 


enterin 


g in Autumn of 


1858 


13 


26 


39 


« 


(( 


Winter of 


1858-9 


6 


11 


17 


(( 


(( 


Spring of 


1859 


9 


7 


16 


(( 


(C 


Autumn of 


1859 


15 


15 


30 


C( 


(C 


Winter of 


1859-60 


8 


7 


15 


« 


<( 


Spring of 


1860 


8 


7 


15 


« 


tl 


Autumn of 


1860 


25 


29 


54 


(C 


it 


Winter of 


1860-1 


10 


11 


21 


(( 


it 


Spring of 


1861 


17 


9 


26 


it 


it 


Autumn of 


1861 


23 


27 


50 


it 


it 


Winter of 


1861-2 


11 


2 


13 


(C 


« 


Spring of 


1862 


20 


9 


29 


it 


(( 


Autumn of 


1862 


29 


65 


94 


it 


(C 


Winter of 


1862-3 


8 


24 


32 


it 


(( 


Spring of 


1863 


15 


12 


27 


it 


it 


Autumn of 


1863 


35 


105 


140 


it 


it 


Winter of 


1863-4 


9 


15 


24 



Total rec'd since organization of University, 295 434 729 

It wiU be noticed that there has been a more or less constant 
increase in the number admitted in the successive Autumn 
classes, which are the guiding classes of the school. The recent 
ones, it will be seen, are far more numerous than those of earlier 
years. 

The names and number of the graduates are as follows : 
Class of 1860. — Enoch A. Gastman, Jr., of McLean County; 



140 NORMAL UNIYEESITT. 

Peter Harper, of Peoria Co. ; Silas Hayes, Jr., of McLean 
Co.; Joseph G. Howell, of White Co. ; John Hull, of Marion 
Co. ; Edwin Philbrook, of Fayette Co. ; Sarah M. Dunn, of 
McLean Co. ; Elizabeth J. Mitchell, of McLean Co. ; Frances 
A. Peterson, of Lee Co. ; Mary F. Washburn, of McLean 
County — 10. 

Class of 1861. — Sophia J. Crist, of McLean County ; Amando 
O. Noyes, of Pike Co. ; John H. Burnham, of Cook Co. ; James 
H. Dutton, of Woodford Co. ; E. Aaron Gove, of LaSalle Co. ; 
Moses J. Morgan, of DuPage Co. ; Henry B. Norton, of Ogle 
Co.; Peleg R. Walker, of Ogle Co.— 8. 

Class of 1862. — Sarah E. Beers, of Champaign County; Eliz- 
abeth Carleton, of Pike Co. ; Helen F. M. Grennell, of McLean 
Co. ; Esther M. Sprague, of WiU Co. ; Emma M. Trimbe, of 
Tazewell Co. ; Lorenzo D. Bovee, of Will Co. ; James F. Ridlon, 
of Warren Co. ; Logan H. Roots, of Perry Co. — 8. 

Class of 1863. — Mary Augusta Fuller, of Tazewell County; 
Sarah Jane Frances Gove, of LaSalle Co. ; Abbie Ripley Rey- 
nolds, of Pike Co. ; Sarah Ann Stevenson, of Ogle Co. ; William 
Dennis Hall, of LaSaUe Co. ; Ebenezer Delon Harris, of Warren 
Co. ; John Henry Thompson, of McLean Co. — 1. • 

Total of Graduates, 33. 



The number of graduates is small compared with the whole 
number who have entered. For this there are many reasons. 
1st. Yery many successful students, although remaining sufficiently 
long to derive much benefit from the school, yet are so cir- 
cumstanced, pecuniarily and otherwise, as to be unable to take 
the Whole course of three years. 2nd. Our advanced classes 
have been so thinned out by the war as to be left small. 
3rd. The recent large classes are yet in the lower grades of 
the school. The next graduating class, it is hoped, will far 
exceed any previous one. Every graduate not in the army has 
been teaching or superintending schools during the present year 
thus far. 



NORMAL UNIYERSITT. 141 

PRESENT CONDITION AND PROSPECTS. 

The Board of Education is at present composed as follows : 

Hon. S. W. MouLTON, Shelbyville, President. 
Hon. J. P. Brooks, Springfield, Secretary. 
Perkins Bass, Esq., Chicago. 
Hon. Newton Bateman, Springfield. 
Walter M. Hatch, Esq., Bloomington. 
^ Hon. Wm. H. Powell, Joliet. 

Geo. p. Rex, M. D., Perry. 
J. W. ScHWEPPE, Esq., Alton. 
Henry Wing, M. D., Chicago. 
William H. Wells, Esq., Chicago. 
Simeon Wright, Esq., Kinmundy. 
Hon. Thomas J. Pickett, Moline. 
Joseph Medill, Esq., Chicago. 
Hon. WiLLiAsi H. Green, Metropolis. 
Calvin Goudt, M. D., Taylorville. 

The present Faculty consists of 

Richard Edwards, Principal, Instructor in Mental Science and 
Didactics. 

Eddwin C. Hewett, Instructor in Geography and History, 

Joseph A. Sewall, Instructor in Natural Sciences. 

Thomas Metcalf, Instructor in Mathematics. 

Albert Stetson, Instructor in Language. 

Margaret E. Osband, Instructress in Grammar and Drawing. 

William L. Pillsbury, Principal Model School. 

Marion Hammond, Teacher of Primary Department of Model 
School. 

Lyman B. Kellogg, Teacher Intermediate Department Model 
School. 



142 



NOEMAX UNIVBESITT. 





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NOKMAL UNIVEESITY. 143 

Of course the foregoing programme presents only a part of the 
whole course of study. 

The Model School is an important adjunct of the University. 
About thirty of the Normal students are continually employed ia 
it. Each is made responsible for the teaching of one class in one 
subject through the term. Their work is tested from day to day 
in a variety of ways. A weekly examination is held, at which 
some of these Teachers with their classes appear before the faculty 
and the pupils of the Normal School, conduct an exercise, and 
have their work thoroiighly sifted and criticised. For the details 
of this process, we respectfully refer to the Reports of the Prin- 
cipal, made at sundry times. The Model School is unquestionably 
successful in imparting to our students the ability to teach and 
govern. But we believe, and are borne out in our belief by the 
report of a committee of gentlemen who made a special investiga- 
tion into this matter, that the instruction imparted is thorough, 
philosophical and successful. 

This school includes aU the grades of instruction from the 
lowest primary, to the most thorough preparations for eastern 
colleges. Great pains have been taken by the Board to secure 
for it the services of the best Teachers, and we believe it is doing 
its work satisfactorily to all concerned. Persons of any age or 
from any locality may be admitted into it. Great care is bestowed 
upon the deportment of the pupils. Nothing short of the highest 
results in this respect are tolerated. No student falling iu any 
noticeable degree below the most perfect good behavior is allowed 
to remain in the school. The Tuition Fees are. 

For the High School, $30 per year of 40 weeks. 
" " Grammar " $25 " " " « 

" " Primary " |20 " " " « 

And for shorter periods, in proportion. * 

The prospects of the University are encouraging. For the 
present year thus far it numbers 324 in the Normal department, 
and 242 in the Model, in aU 566. This is a large gain. For the 
whole of the last year the total was 431. For the preceding year 
285. And for the future we have indications of a still greater 
increase. The counties hitherto negligent of their right of repre- 
sentation are coming in one after another, and the time, we sin- 
cerely trust is not remote, when every county shall be fully repre- 
sented. 



ELECTIONS. 145 



PART 11. 



DECISIONS OF THE STATE DEPARTMENT, AND OF 
THE SUPREME COURT. 

ELECTIONS. 

Much of the correspondence of the State Department has refer- 
ence to the subject of Elections, and parties are continually aj^ply- 
ing to the State Superintendent for information concerning the 
rules, modes of procedure, &c., in Township and District elections. 
Section 27 of tbe School Law says : " The manner of opening, con- 
ducting and closing said election [for Trustees,] and the several 
liabilities appertaining to the judges and clerks, and to the voters 
separately and collectively, and the manner of contesting said 
elections, shall be the same as prescribed by the general election 
laws of this State." This provision of the Law, it is held, applies 
to all school elections, held in any of the townships or districts of 
the State. WhUe the Department is always wilHng to communi- 
cate any information asked " for in the premises, it is proper to 
state that questions relating to the rules and modes to be observed 
in conducting school elections, cannot be answered officially by 
the Department, as they do not come within the sphere of its 
official duty or authority. " This office has no power to decide 
such points — they do not belong to the School Law at all, but to 
the general election laws of the State, and should be referred to 
the lawyers and the courts." 

Notices foe Elections. — Notices of elections to be held in any 

school township or district of this State should be issued and 

posted up at least ten days previous to the time fixed or appointed 

for such elections. Notices of the first election in a township 

10 



146 ELECTIOHr. 

shall be given by tbe county clerk ; subsequently by the Trus- 
tees. Notices of the first election in a district shall be issued 
by the township Treasurer ; afterward by the Directors. Notices 
for an election should state the day on which the election is to 
be held, the place of voting, the hours of opening and closing 
the polls, and the question or questions to be voted on. It is not 
necessary that the polls at a school election be kept open all day; 
but sufficient time must be given for all to vote, and the notices 
must expressly state the hours of voting. 

A school election may be held in the afternoon or evening ; but 
the notice of election, in such event, must state the time of open- 
ing and closing the polls, and ample time must be given for all to 
vote. — Powell. 

The time for opening and closing the polls is left to the discre- 
tion of the Directors ; but the length of time the polls are to be 
open must be distinctly stated in the notices, and the time so 
specified must be strictly adhered to by the judges, the same 
being neither increased nor diminished. The time chosen for 
the election should be the most favorable for a general attendance 
of the voters,' and the polls should in all cases be kept open long 
enough for all to vote. — Bateman. 

It is held that a failure or omission to issue notices for a school 
election does not deprive the people of the right to hold such an 
election on a day fixed by laio, but that an election held on a day 
prescribed by the statute is valid, notwithstanding no notices have 
been issued. The JOaw invests the people with the right to hold 
elections at certain times, and that right cannot be impaired or 
vitiated by any clerical negligence. 

Omission to give the notice of elections to be held on a day 
fixed by law will not make the election void. — Edwards. 

A township or district election, held on the day fixed by the 
statute, if conducted according to law in all respects, would be 
valid, even though no notices were issued. The Law fixes the 
time of holding the election, and the requirement of notices must 
be considered as only dii-ectory. — Powell. 

Judges oe Election. — At the first election of Trustees held in 
a township, the voters present may select three of their number 
to preside over the election, two of whom shall act as judges and 
one as clerk. At the first election for Directors in a school dis- 



ELECTION. 14'ir 

trict, the officers of election shall be chosen in the same -way. 
Subsequently, the Trustees shall act as judges of all township 
school elections, and the Directors shall act as judges at all dis- 
tinct elections. But if the Trustees or Directors in either case 
absent themselves from the election, or refuse to act, then judges 
may be chosen as at the first election. 

Judges of school elections may or may not be sworn. It is not 
deemed essential to the validity of the election that those officers 
be sworn. 

Omission to swear the judges of an election will not make the 
election illegal. — Edwards. 

The law does not require to have the judges of a school election 
sworn. — Powell. 

When there is a tie between the judges on the question of 
receiving or rejecting a ballot, the presumption of the Law is in 
favor of the voter — the ballot should be admitted. 

If a ballot is not decisively rejected by the judges, I am clearly 
of opinion that the presumption of the Law would be in favor of 
the voter's right to cast his ballot. Every ballot must be either 
received or rejected. In doubtful cases the voter may be sworn. 
If the judges are still not agreed, and a tie ensues, owing to the 
peculiar construction of the board of judges, the presumption, I 
am satisfied, is in favor of the voter, and the ballot should be 
received. All laws restrictive of the rights of citizens should be 
liberally construed in their favor. — Bateman. 

Judges will not admit any one to vote at a school election, who 
is not a resident of the township or district in which the election 
is held, and who is not a qualified voter under the general election 
laws of this State. 

Persons qualified to vote under the general election laws of this 
State, and no others, are entitled to vote, sign petitions, &c., in 
school districts. — JBateman. 

There must be a bona fide residence in the school district of 
" at least thirty days," to confer the right to vote therein. — 
J3ateman. 

The judges of election cannot decide a tie vote by lot. It is 
held in such cases that the question voted on is lost, for want of a 
majority. 

If there is a tie, the proposition fails, and there must be another 
vote. For, in the case of a tie, the votes for and against a given 



148 ELECTION. 

proposition are equal, whereas, the law requires a majority. The 
judges cannot, in such cases, decide it by lot. — Bateman. 

But a majority vote is not required in the election of Trustees 
or Directors. Such a vote is required in all other school elections. 
Any candidate or 'cahdidates obtaining a plurality of votes, at an 
election held for Trustees or Directors, shall be declared elected 
by the judges. 

A plurality vote elects in the case of directors ; in all other dis- 
trict elections a majority vote is necessary. — Bateman. 

The poll-book of a township election must be certified by the 
judges, and returned to the School Commissioner, who shall file 
the same as evidence of the election. The poll-book of a district 
election must be in like manner certified by the judges, and 
returned to the township Treasurer. The poll-book, on file in the 
Treasurer's office, is the only legal evidence of a district election. 

The poll-book with the certificate of the judges, on file in the 
office of the township Treasurer, is the only legal evidence of such 
[district] election. — Bateman. 

The poll-book and certificate should be returned to the township 
Treasurer as soon as practicable after every [district] election, 
that the proper evidence thereof may be on file for the information 
of all concerned. Until this is done there is no legal evidence of 
said election. — Bateman. 

Adjoukntsient of Electiok.— School elections maybe adjourned 
or postpoiTed for two causes : 1. On account of the small attend- 
ance of voters ; 2. When the legal notices have not been given. 
When so adjourned or postponed, the election should be held on 
the Monday next following. The act of adjournment or postpone- 
ment is to be passed by the judges of election, and not by the 
people. 

Many causes, of which indifierence is the chief, often produce 
such a meager attendance at these important elections, that the 
public good manifestly requires an adjournment. In such cases, the 
Directors or judges, or a majority of the voters present, may 
decide to adjourn the meeting until the next Monday, at the same 
place and hour. — Bateman. 

In order to a legal adjournment of an election, it is necessary: 
1. That the adjournment be ordered by the judges alone ; 2. That 
said judges before adjourning the election, organize themselves 



ELECTION. 149 

into a board of election ; 3. That a notice of the adjournment be 
bfi written and posted up at the place appointed to hold the 
election. 

These points have been established by a decision of the Supreme 
Court. I give below a statement of the facts, together with the 
decision of the Court, in an abi'idged form : 

The People, on the relation of Joseph N". Kies, et al., appel- 
lants, vs. Richard Beewee, appellee. — Appeal from Bureau. 

The defendant in this case, Brewer, was elected School Trustee 
for Selby township, in Bureau county, on the 9th of November, 
1857, and was afterwards duly qualified, by taking the oath of 
office. 

On the day when the same defendant claimed to have been 
elected, a number of voters of aforesaid township met at the 
proper place for holding the election, and having waited until 
after 2 o'clock in the afternoon, and there being only six voters 
present, it was agreed to postpone the election until the next 
Monday, and the voters present dispersed. The motion to 
postpone the election was agreed to loithout any previous organ- 
ization of a hoard of election. No notice of said postpone- 
ment was posted on the door of the school house, [the place 
of voting,] nor were the proceedings of said voters reduced 
to writing. About an hour after said postponement, a num- 
ber of voters assembled, and being verbally informed of the 
postponement, but claiming that said postponement was illegal, 
organized a board of election, and held an election, at which 
twenty-four votes were polled, of which defendant received 
twenty-two. The poll-book of the election, duly certified, was 
returned to the School Commissioner of Bureau County. An 
election was subsequently held at the time and place fixed by the 
postponement, and three persons were elected Trustees of said 
Selby township, receiving each thirty-two votes. The poll-book 
of this last election was also returned to the School Commissioner 
of Bureau County, and the said three individuals last elected 
were duly qualified and sworn. A process of guo warranto was 
instituted in the Circuit of Bureau County against defendant, for 
" usurping, intruding into, and unlawfully holding and executing 
the office of Trustee," in said Selby township. The jury found 
for the defendant, and the Court rendered judgment against the 
relators for costs. The case was appealed to the Supreme Court, 



150 ELECTIONS. 

and came to a hearing at the April term, 1858. The opinion of 
the Court was rendered by Judge Breese, and is as follows : • 

" This was an information in the nature of a quo warranto against 
Brewer, to show cause why he had presumed to exercise the 
office of school Trustee for township sixteen north of range ten east 
of the fourth principal meridian. The defendant justified under 
an election, and in his plea alleged that he was legally elected 
to that office on 9th of November, 1857, and had been legally 
qualified. Issue was taken on this fact, and the cause tried by 
a jury. 

" To sustain the issue on his part, the poll-book of the election 
under which the defendant claimed, was offered in evidence, 
which showed the returns of an election for Trustees of schools 
of the town of Selby. On objection made by relators, the defend- 
ant proved that the town of Selby, and township sixteen 
north, range ten east, were the same territory, and that the 
township was called the town of Selby. The poll-book was 
admitted. We think it was properly admitted, the former 
Trustees having required it, and there being nothing in the law 
to prohibit it. 

" The postponement of the election at the first meeting of the 
inhabitants, to the next Monday, amounted to nothing. The facts 
show that within the time required by law, on that day, a suffi- 
cient number of inhabitants qualified to vote, organized a regiilar 
board of election, the result of which was, the election of defend- 
ant. The returns were duly made to the School Commissioner 
of Bureau County, and all the oaths required by law administered 
to defendant by a magistrate of that county. The objection that 
it does not appear from the body of the affidavit or the jurat to 
the same, that it was in Bureau County, State of Illinois, is not 
important. It will be intended it was in the proper county, as 
the returns were made to the School Commissioner of the proper 
county. 

" The subsequent election at which the relators were elected, 
was invalid, the power of the voters in this regard having been 
exhausted at the regular election at which defendant was duly 
elected: so that we are of opinion that the Circuit Court did 
not err in admitting the poll-hooh in evidence, nor in instructing 
the jury that the postponement of the election on Noveniber 9th, 
1851, toas illegal, and that a legal election could be held afterwards 



ELECTION'S. 151 

on the same day, hf the qualified voters then and there assem- 
bled, nor in holding that the act of qualifying by said defendant 
was suflScient, nor in rendering judgment in his favor. The judg- 
ment is afiirmed." — III. Reports, vol. xx, p. 474. 

Failure to Hold Election. — When the time fixed by Law for 
the holding of a school election has come and passed by without 
such election being held, on account of failure to give legal 
notice, the omission may be corrected by the Trustees or Direct- 
ors, as the case may be, by issuing notices as required by Law, 
and holding the election on a subsequent Monday. Under the 
former Law, no provision of this kind existed, and the effect of a 
failure to hold an election was, that the incumbents held over 
until the next regular election following. The amended Law of 
1861 empowers Trustees and Directors to order an election, in 
default of the regular election on the day fixed by Law. 

When it apjDcars that the election has not been announced in 
due form by the requisite legal notices, said notices may be 
issued, and the election ordered two weeks later, or on any other 
Monday, as may be deemed most expedient. — Bateman. 

Refusal to Call Electioivt. — When the officers whose duty it 
is, refuse to call an election at the proper time, they may be com- 
pelled to act by writ of mandumus. They are also liable to the 
penalties prescribed in Section 76 for misfeasance. 

The Law provides no remedy for such perverseness, unless it 
is by mandamus, compelling the Directors to call a meeting. 
The 42(? and 48ZA. Sections require that the notices for an election 
to extend the term of school shall be given by the Directors. 
Unless, therefore, a majority of the Directors concur in giving 
the notice and calling the election, the Law prescribes no means 
of voting on the question. — Batetnan. 

The decision here quoted from Mr. Batemak was intended to 
have application to a particular case submitted to him, but the 
principle declared will admit of general application, and forms 
the basis of official decisions of this Department in all cases of 
refusal of school officers to call elections at the proper time. 

Election Held on Weong Day. — If an election is held on 
any other day than that fixed by the statute, it is held that such 
an error does not invalidate the acts of officers so elected. 



152 ELECTIONS. 

If an election is held at any other time than that fixed by law, 
and it is ordered or acquiesced in by the former ofiicers, the acts 
of those elected will be valid ; at least, so far as the rights of 
those persons and the public are concerned. — Edwards. 

If an election is actually had on some other day besides that 
fixed by Law, then the question of the validity of said election 
comes before the courts, in the manner prescribed by Law ; this 
Department has no further jurisdiction in the case. But until 
the election has been contested and determined by the proper 
tribunals, the acts of the officers elected will be valid, so far as 
the public and third parties are concerned. — Hateman. 

As stated in a former circular, the acts of school Directors or 
other officers de facto, claiming to hold their offices under color 
of right, are vaHd so far as other parties or the public are con- 
cerned. This class of cases includes officers elected notwith- 
standing there may have been some informality in the election.— 
Bateman. 

Manner of Contesting Elections. — The most summary 
mode of contesting the claims of an acting officer is to enjoin 
him, by legal process, from discharging the duties of the office. 
The case is then immediately brought before a tribunal where it 
can be discovered and decided whether the officer is entitled to 
hold the office or not. 

Elections for school officers may be contested by getting out 
an injunction, restraining those claiming to be elected from act- 
ing. The case is thus brought before the courts, and settled. — 
Powell. 

FiEST Elections in Townships and Districts. — The election 
for Trustees in newly organized townships, and for Directors in 
newly organized districts, may be held on any Monday, ten days* 
previous notice being given, as required by Law. 



OITICEES. ■ 153 



SCHOOL OFFICERS. 

SUPEEINTEJiTDENT OP PUBLIC INSTEUCTIOX. 

Decisions rendered by the State Superintendent in cases of 
controversy and litigation submitted to the Department for 
adjudication, are final, so far as the action of the Department 
itself is concerned. The legislature or the courts may set aside 
a decision of the State Department, but until an opinion or 
decision pronounced by the Superintendent has been so overruled, 
it is of peremptory obligation and cannot be disregarded without 
penalty. It has been conceived by some that the opinion of the 
Superintendent is advisory merely, and not obligator^// and under 
the influence of this error, it has transpired that a neighborhood 
has been annoyed and harrassed by the continued agitation of 
questions which had been officially put to rest by the State Super- 
intendent. It has occurred, also, [in one instance, at least,] that 
a matter adjudged and decided by the Superintendent has been 
subsequently passed upon by a School Commissioner, whose 
opinion differing with that of the Superintendent, was accepted 
and acted upon by the very parties who applied to the State 
Department for a judgment. Again: during the past twelve 
months a case was submitted to this Department for adjudication 
which had been officially disposed of and settled by the Depart- 
ment under a preceding administration. The application was 
quickly dismissed, with a reminder that the case had been already 
decided by the State Superintendent, and with a notification that 
the parties were neither authorized by law nor licensed by good 
manners to re-submit a question which had been thus finally and 
officially decided. If dissatisfaction result from a decision of the 
State Department, and parties are disposed to seek a reversal of 
the decision pronounced, their recourse is to the courts, and not 
to a succeeding incumbent of the Superintendent's office. This 
Department will not stultify itself by reviewing and reversing its 
own decisions in particular cases. The review and modification 



154 OFFICERS. 

of an opinion relating to a general principle is a different 
matter. 

Opmiosrs from the Department should not be applied for when 
the cases submitted have been taken to the courts, and are await- 
ing decision at such tribunals. Courts should decide cases upon 
their own merits, independent of other influences, and official 
opinions, obtained under such circumstances, should not be paraded 
for effect. Such an application involves a kind of disrespect 
toward the Department, as if its opinion would serve well for pur- 
poses of pettifoggery, but is not valued for its legal or official 
worth. In all such cases, where the opinion of the Department is 
desired, let the parties first take their case out of court, and then, 
upon a submission of all the facts, a decision will be rendered. 
Such a course would appear more legitimate, and would argue a 
better respect and confidence toward the Department. Cases 
before a civil court are beyond the pale of this tribunal, and 
belong to a separate and independent jurisdiction. There is a 
kind of indecorousness attending the delivery of an opinion by the 
State Superintendent, the ohject of which is to influence the judi- 
cial decision about to be pronounced upon it. . 

There is an essential difference between the decisions of the 
State Department which refer to abstract questions, arising out 
of particular cases, and those which relate to the exposition of 
general principles involved in the School Law. The first are 
based upon a certain state of facts which exist in a given case 
only, and which may never exist again. They cannot be regarded 
as decisive in any other cases, but in that only to which they 
expressly refer. The second class of decisions is simply affirm- 
atory of ascertained and well established principles, without 
specific reference to any given case, and such opinions are gene- 
rally applicable to any state of facts involving the general prin- 
ciples so affirmed. 



COMMISSIONEES. 156 



SCHOOL COMMISSIONERS. 

1. Apportionment. — School Commissioners are not authorized 
to apportion State and county school moneys to townships in 
which no schoal has been kept, as required by Law. 

School Commissioners will apportion no money to townships in 
which no school has been kept, according to law. But if in a 
township, a single school has been established and kept, as the 
law requires, then that township comes under the statute, and is 
entitled to participate in the distribution by the School Commis- 
sioner. — Batem an. 

"Where a township lies in two counties, it is the duty of the 
Commissioner of each county to apportion to such township, 
according to the number of acres of land and the number of white 
persons under twenty-one years of age returned from that fraction 
of the township lying in his county ; provided, that in such portion 
of the township a school or schools have been kept according 
to Law. 

Where a township is divided by a county line, leaving one or 
more districts on each side of said line, the Treasurer of said town- 
ship is entitled to funds from each School Commissioner, provided, 
that schools have been kept according to law in each fraction of the 
township ; but not otherwise. If the district or districts in the part 
of said township lying in one county have complied with the pro- 
visions of law, while the district or districts of said township 
which lie in the other county have not so complied, then the Treas- 
urer of said township is entitled to funds from the commissioner 
of the former county, but not from the commissioner of the latter 
county. — Bateman. 

Where no returns have been made for the year preceding, of 
the number of white persons under twenty-one years of age, by a 
township or townships in any county, the Commissioner will adopt 
as the basis of distribution to such townships the last census of 
white persons under twenty-one on file in his office. 

Where officers fail to report the number of white children under 
twenty-one, the School Commissioner will adopt the census of 



156 COMMISSIONERS. 

those townships whose officers have complied with the law and 
made a return, and take the last enumeration of those townships 
from which no returns were received last fall, as the basis of 
distribution. The townships whose officers comply with the 
law are entitled to the full benefits of their increased population. 
— Powell. 

In distributing the State and county fund, School Commissioners 
must always take as the basis, the latest official enumeration of 
persons under twenty-one on file in their office. — Bateman. 

School Commissioners will not distribute money to townships 
whose Treasurers have not executed and filed a bond, as required 
by Section 55 of the School Law. When a Treasurer is re-ap- 
pointed, he must renew his bond. 

The safety of the township fund is conditioned upon the faith- 
ful execution by the township Treasurer, of a bond, with at least 
two responsible securities, to be approved by at least a majority 
of the Board of Trustees, and filed with the School Commissioner. 
There is the most culpable remissness and neglect in this matter, 
in many parts of the State, and thousands of dollars of township 
funds have been irretrievably lost from this cause, during the past 
two years. The execution of the bond, with adequate security, 
must be demanded by the Trustees with inexorable firmness, and 
additional security must be obtained, should the safety of the 
funds require it. And in aU cases, upon the expiration of the old 
bond, or the appointment of another Treasurer, a new bond must 
be promptly required. School Commissioners should peremptorily 
refuse to pay over any part of the State or County fund, to any 
Township Treasurer who has not complied with this most essen- 
tial provision of the law. — Batemari. 

If the Trustees of a township make false returns to the School 
Commissioner, they are liable to the penalty appointed in Section 
76. Commissioners cannot absolutely ^^ioz^> that township returns 
are false and fraudulent, unless they have positive and convincing 
proof of the fact. If such proof be presented to them, it would 
be well to withhold the public money, — at least, until the facts 
were reported to the State Superintendent. 

Examination of Teachers.— School Commissioners are required 
by the 51st section of the Act, to "fix upon the time of holding 
meetings for the examination of teachers, in such places in their 



COMMISSIOlSnEES. 157 

respective counties, as will in their opinion, best accommodate the 
greatest number of candidates for examination." 

This requirement is peremptory — but the law does not prescribe 
the member of times and places ; that is left to the discretion of the 
Commissioner. It is further made the duty of each Commissioner 
to jHcMish the notice of all such meetings, "in some newspaper 
of ereneral circulation." — Bateman. 

CoMJiissiONERS are authorized to appoint one or more persons 
to examine Teachers. This duty should never be delegated to 
persons of questionable competency or fidelity. Practical Teach- 
ers, or other active, intelligent, educational men should always be 
chosen on these boards of examiners, if possible. — Bateman. 

An examiner, appointed by the commissioner is not a school 
ofiicer in the meaning of the law, and is not exempted from work- 
ing on roads, serving on juries, &c., &c. — Powell. 

It wiU be the duty of the School Commissioner or board of 
examiners, when requested by the Directors of any district, to 
examine Teachers in the higher branches; in which case they 
shall Qertify to the additional branches proposed to be taught ; 
but no certificate can be given unless the Teacher is qualified to 
teach the several branches enumerated. — Edxoards. 

School Commissioners are entitled to one dollar for each cer- 
tificate renewed^ the same as for the original certificate ; provided^ 
that the application for renewal is not made at one of the regular 
times and places advertised by the Commissioner for the examina- 
tion of teachers. No charge can be made for any certificate or 
renewal, granted at any of the above times and places. — Bateman. 

A Teacher's certificate of qualification cannot be dated back 
by the Commissioner, but must bear date on the day of examina- 
tion. Otherwise it will not conform to truth. 

CoMMissioxEES must refuse certificates of qualification to 
immoral persons. In judging of the moral character of a Teacher, 
the Commissioner can certainly act from his own knowledge, not- 
withstanding the presence of written testimonials ; and if he Jcnotos 
that the Teacher is not of good character, he should refuse to cer- 
tify to it. It is but rarely the case, it may be, that the Commis- 
sioner can know that the candidate is of good moral character, but 
he should not so certify when he does know to the contrary. 

A Commissioner should revoke a certificate held by a Teacher 
of immoral habits, though such certificate were issued by himself. 



158 COMMISSIONEES. 

The moral character of the Teacher is of the first importance, and 
if the Commissioner has issued a certificate to a person of bad 
habits from a want of knowledge of his real character, the error 
should be corrected as soon as the facts are discovered. 

School Lands, Sale of, &c. — It is essential to the validity of 
sales of school lands by Commissioners that due and legal notice 
of sale be given. 

The expense of giving notice for sales of school lands must be 
paid by the Commissioner. 

The School Commissioner pays the expense of advertising sale 
of school lands out of his three per cent, commissions. — Powell. 

The Commissioner is entitled to three per cent, of the amount 
realized from all sales of school lands made by him, and is also 
entitled to two per cent, of the amount so realized which may be 
loaned by him. When a sale of school lands is made by the Com- 
missioner, and the amount for which the lands are sold is not 
actually paid in, but loaned to the purchaser or purchasers, he is 
entitled to three per cent, for selling, and two per cent, for loaning. 

The Commissioner is entitled to two per cent., whether the 
money is loaned to the purchaser of the land, or actually paid in, 
and loaned to another person. — Powell. 

The doctrine of this decision, as intended by Mr. Powell, doubt- 
less is, that the Commissioner has as clear a right to his two per 
cent, commission on loans made to purchasers of school lands 
(though no money has passed) as he has to his commission in 
loaning any school moneys actually in hand. Mr. Powell evidently 
did not intend to avow that the Commissioner had the right to 
loan such money when paid in to him by the purchaser of school 
lands to any other party than the purchaser. This is clear from 
the decision following. 

When the purchaser of school lands pays the full price of the 
land to the Commissioner in cash, the money so received should 
be paid to the township Treasurer, to he loaned hy him. — Powell. 

When a Commissioner has sold school land, and omits to take 
a mortgage, as the Law requires, the lien upon the land is not 
lost, but may be enforced against subsequent purchasers, with 



COMMISSIONEES. 169 

notice, if proceedings for that purpose are instituted within a 
reasonable time, that is, before the claim is outlawed by the statute 
of limitation. 

This principle is established by a decision of the Supreme 
Court, in the case of " The Trustees of Schools vs. John 8. 
Wright,^'' reported in Vol. xii 111. Rep., p. 432. The following 
are the material facts in the case : 

At a public sale of school lands belonging to the sixteenth section 
of a certain township in LaSalle County, made by the School Com- 
missioner of said County in pursuance of law, John T. Temple 
became the purchaser of certain lots in the sub-division of said 
sixteenth section. Notes were executed by said Temple to the 
Commissionertfor the payment of the purchase money, as required 
by law, with Grant Goodrich and Royal Stewart as securities. 
Said notes were received by the Commissioner, and deposited 
with the township Treasurer, but no mortgage was executed by 
Temple as collateral to the notes. The Commissioner at the same 
time issued to Temple a certificate of purchase ; subsequently a 
patent issued to Temple. Temple failed to pay the notes, and he 
and his sureties became bankrupt. Suit was instituted by the 
Trustees of the township aforesaid in the Circuit Court of LaSaUe 
County to enforce against the purchasers of said lands a vendor's 
lien for the purchase money due. The case was decided adversely 
in the Circuit Court, and the bill dismissed. The case came 
before the Supreme Court on a writ of error, and the opinion of 
the court was given by Judge Treat. The following is, in sub- 
stance, the decision : 

" The statute under which these lands were sold, requii^ed the 
School Commissioner to take notes with personal secxnity and a 
mortgage on the premises, to secure the payment of the purchase 
money. The lands were sold on a credit of one, two, and three 
years, and the notes of the purchaser with sureties, taken for the 
payment of the several installments, but the Commissioner omitted 
altogether the taking of a mortgage. Under these circumstances, 
we think the lien was not waived. The purchaser did not acquire 
the land divested of a lien, which the law expressly provided should 
be reserved. In such a case, there can be no doubt of the right 
of Trustees of schools to assert a lien, as against a purchaser; 
and we think it equally clear, that the same remedy may be pur- 



160 COMMISSIOKEES. 

sued against those claimiag under him, with notice, if proceed- 
ings are instituted within a reasonable time after the right to do 
so accrues. The defendants all purchased before the patent 
issued, and before the last of the notes came due. The certificate 
of purchase showed on its face that the original purchaser had 
given notes for the consideration, and the same fact appeared in 
the report of the sale to the County Court. If the defendants 
had examined the sources of their title, they would at once have 
discovered that the lands were sold on a credit which had not 
then expired, and by inquiring at the proper ofiice they would 
have ascertained that the notes were still unpaid. They are 
chargeable with knowledge of every thing appearing on the face 
of the title papers, and of the records relating to the sale. The 
decree of the Circuit Court dismissing the bill, so far as it seeks 
to enforce a lien against the lots conveyed, is reversed ; and the 
cause is remanded, with leave to the parties to amend their 
pleadings." 

Ak omission, on the pai't of the Commissioner, to record the 
proceedings of sale of school lands will not invalidate the title 
of the purchaser. This principle has been settled by the Supreme 
Court, in the case of Trustees of Schools of Town, 23 iVi J?. 1 E. 
vs. James Allen et al., reported in Vol. xxi 111. Rep., p. 120. In this 
case, the School Commissioner of McLean County sold to defend- 
ants lands of the sixteenth section of said township, on or about 
the 28th day of September, 1850, for which lands patents were 
subsequently issued to the purchasers. It was alleged that the 
Commissioner omitted to make a record of the sale, as required ; 
whereupon the Trustees of the township aforesaid brought suit 
in chancery, in the Circuit Court of McLean County, praying for 
a decree to set aside the sale, on account of irregularity, as 
stated. The court refused the prayer, and decided the sale to be 
legal and the title good and valid. The case was taken to the 
Supreme Court on a writ of error, in January, 1859, and the 
decision of the court below affirmed, the opinion being delivered 
by Judge Breese, from which I quote as follows : 

" The grounds for the relief prayed by complainants are not 
established by any testimony they have adduced, nor does it cast 
upon the case the slightest shadow of fraud on the part of the 
defendants, or others concerned in the sale of the land. 



COMMISSIONERS. 161 

" It is urged that the prerequisites of the Act authorizing a 
sale of school lands have not been complied with, in this, that the 
School Commissioner kept no record of the sale. 

" This is dii-ectory to the Commissioner, but the title of the 
laud he might sell, if legally and fairly sold, could hardly be 
made to depend on his obeying these directions. 

" The case, as shown by the proofs in the cause, is wholly 
destitute of any indication of fraudulent act or intent, in any 
quarter, by any party. The most that can be said about it is, 
there are omissions to perform certain acts which the statute 
required; but which, not being performed, in the absence of 
fraud, should not be permitted to invalidate a patent issued by 
the State, which the statute declares " shall operate to vest in the 
purchaser a perfect title in fee simple." It would be hard, indeed, 
if one of our farmers, whose all was his land, should, after receiv- 
ing a patent for it from the United States or from this State, be 
deprived of it because some careless official in some public office 
had omitted to do some act the law required him to do before the 
patent could issue. The public and individuals have a right to 
repose upon the patent issued by the government, and that it 
shall not be attacked except for fraud, or as having issued with- 
out law. 

" The testimony shows that full value was paid for the land at 
the time it was sold. It may be a misfortune and loss to the 
county that the sale was made so soon, but being made fairly 
and not in violation of law, it must stand. The decree is accord- 
ingly affirmed, except as to costs, it being provided by statute 
that Trustees of schools pay no costs." 
11 



162 TRUSTEES. 



TRUSTEES. - 

To ENTITLE a district to share in the benefit of the public 
money, it is peremi^torily required that the Directors thereof shall 
have kept a free school in operation for six months during tlie 
year preceding. The conditions of the Law are not so fulfilled 
in a case where a district has kept a school open for seven months 
in one school year, and only five months in another year, as to 
entitle it to draw public money for both years, although the school 
has been kept in oi3eration for twelve months during the two 
years. 

The Law undoubtedly requires, as the condition of participat- 
ing in the distribution of the public school funds, a six months 
school during each and every year. It will not, of course, satisfy 
the Law to average the time of two or more years, taking the 
surplus months of one year t?o make good the deficiencies of 
another. — Bateman. 

Only those districts in a township which have complied with 
the six months requirement are entitled to share in the public 
money. If there be six districts in a township, and only tioo of 
them have had schools for six months, the whole of the public 
money subject to distribution must be apportioned to the txoo 
districts in which legal schools have been kept. So, if only one 
of the districts had kept a six months school, that one district 
will be entitled to the whole of the public money. 

If all the Districts in a given township are able to report a six 
months 'school, then all participate in the distribution of the 
public fimds, upon th-e basis prescribed in the Mth Section. If 
only a part of the Districts comply with the law, then that part 
only are included in the distribution made by the Trustees, 
receiving all that woulcf have been apportioned to the other Dis- 
tricts, but which they forfeited by neglect. It occasionally hap- 
pens that only a single District in a whole township has had a six 
months school according to law. In such a case, that District is 
legally entitled to the whole distributive fund of the township, — 
Bateman. 



TRUSTEES. 163 

. Trustees are personally liable for any loss or damages result- 
ing from their neglect to apportion upon a schedule before them, 
which has been legally accredited by the Directors, and filed with 
the township Treasurer. It is the duty of th^Trustees to allow 
every schedule, duly filed and reported by the Treasurer, its just 
and equitable share in the apportionment of the public funds, " in 
proportion to the attendance certified ;" and for any loss accruing 
through their neglect or failure, the law holds them also person- 
ally liable. — Bateman. 

Trustees must apportion upon schedules on the very day fixed 
by Law, and cannot apportion upon a schedule which is not returned 
to them at the proper time. This principle is stated in the fol- 
lowing decision of the Supreme Court, in the case of Thomas L. 
Cotton vs. Lewis Reed et al., Trustees of Schools, 111. Rep., vol. xx, 
p. 607. 

In this case. Cotton had taught a school, and had done all 
things required of him by law to entitle him to payment on his 
schedule. The schedule was kept as required, certified to by him, 
and presented to one of the Directors, who certified to its cor- 
rectness. Neither of the other Directors certified to the schedule, 
owing to their absence from horae, nor was the schedule presented 
to the Treasurer before the meeting of the Trustees next follow- 
ing its completion. The Trustees refused to allow or order its 
payment, and Cotton filed a bill in chancery in the Circuit Court 
of Hardin County, to compel the Trustees to order payment on 
schedule, which bill was dismissed by the court below. The case 
came to the Supreme Court in a writ of error from Hardin County, 
and was decided in November, J 85 8. The opinion of the Court, 
from which I quote below, was rendered by Judge Walker : 

" We have the question presented, whether the time is material 
when the Teacher's schedule shall be certified, and filed with the 
township Treasurer, to entitle it to payment out of the public 
school fund. The 50th Section of the School Law provides 
the mode of certifying Teachers' schedules by the Teacher 
and at least two Directors, and when certified, as prescribed, 
requires that they shall be filed with the township Treas- 
urer by the Directors. The 51st Section provides that such 
schedules so certified shall, at least two days before the first 
Saturday* of April and October, be delivered to the Treas- 

* The Law, as clianged, appoints the first Monday in April and October for 
the regular meeting of the Trustees, instead of Saturday, as formerly. 



164 TRUSTEES. 

urer. The 36<A Section, after enumerating the funds to be dis- 
tributed, &c., provides that "the balance they shall appropriate 
on the several schedules certified and returned from each school 
in the township according to law, in proportion to the number of 
days certified on such schedules respectively to have been taught 
since the last regular return day fixed by the Act." 

" The duties and powers of Trustees of schools in the distri- 
bution of the school fund, are regulated by legislative enactment. 
In that respect they have no d'iscretion whatever. They must 
distribute this fund at the time, and to the persons, and for the 
purposes directed. They are compelled to pursue the require- 
ments of the law. The language is peretnptory that the schedule 
must be examined, corrected and certified to by two Directors, 
or a committee appointed for that purpose, and filed two days 
previous to the first Saturday in April and October, and that the 
fund shall be distributed on the schedules certified and returned 
from each school in the township, according to law. The sched- 
ule wholly fails to comply with this requirement, either as to cer- 
tificate or return. And the language employed leaves no doubt 
that the Legislature intended that these provisions should be 
comjDlied with to authorize money to be apportioned to the pay- 
ment of Teachers. If this requirement may be dispensed with, 
we can see no reason why any other provision of the Act may 
not be disregarded. That such requirements should be imposed 
is perhaps necessary to protect the fund from waste, and may 
have been the considerations which influenced the Legislature in 
adopting them. But we in this Act find no authority either for 
the Trustees of schools or the courts to disregard these pro- 
visions. 

" But it is urged that a court of equity should entertain jurisdic- 
tion and grant the relief sought, upon the grounds of accident. 
In an examination of numerous authorities to which we have had 
access, we have been unable to find any authority to relieve a 
party from an officer's neglect in performing his duties. In such 
case, the officer is liable to the party injured, in an action at law 
for damages, and such remedy at law is complete. In this case 
all that is claimed as an accident, was no more than a neglect of 
duty by the Directors. 

" But if the defendants had failed to perform a duty imposed 
upon them as officers by the law, they may be compelled to its 
performance by a writ of mandamus. Courts of equity have no 
such power, and must leave the party to his legal remedy, by writ 
of mandamus, or action against the persons charged with the non- 
performance of duty which has produced the injury. Though the 
complainant in this case may be wholly blameless, and may have 
performed his entire duty, we think he is not entitled to relief in 
the mode sought, and that the court below committed no error in 
dismissing his bill, and the decree of that court must be affirmed. 



TKUSTEES. 165 

This principle is again stated in the decision of the Supreme 
Coui't in the case of Joseph B. Thomas vs. Trustees of Schools, 
reported in 111. Rep., vol. xvi, p. 163. 

If ant district have a surplus of public money remaining, 
after paying schedules, said surplus does not go back into the 
township fund, but belongs to the district, and will be held by 
the township Treasurer subject to the order of the Directors 
thereof The following decision applies to a case in which the 
district mentioned [No. 3.] had such surplus remaining. 

The twenty dollars surplus drawn by District No. 3 belongs 
exclusively to that district, and should remain in the township 
treasury subject to the order of the Directors of District No. 3, 
and may be expended by them in paying any deficiency due upon 
back schedules, in paying Teachers' schedules in the future, in 
defraying any necessary school expenses, such as fuel, etc., or in 
j)urchasing a library or apparatus for the school. — Poxoell. 

Trustees of a township lying in two counties, and receiving 
public money from the commissioners of both counties, will unite 
the funds and distribute the amount as one fund. 

If, in a township lying m two counties, the Treasurer receives 
$400 from one commissioner and $200 from the other commis- 
sioner, the funds should be merged, and treated as a common fund. 
— Powell. 

The school funds of the township cannot be borrowed by the 
Trustees thereof. 

There can be no question, I think, but that the loaning of any 
portion of the school fund under the control of the Trustees, by 
themselves, tb one or more of their own number is wholly without 
any sanction of law. It brings their individual interests in con- 
flict with their trust duties, and, aside from the express provisions 
of the 42d section of the Act, is contrary to the general principles 
of law governing trust relations and official conduct. Such a 
transaction is of the nature of a " contract" in the sense of the 
statute, and, as such, is explicitly prohibited in the 42d section of 
the law. — Pateman. 

The boundaries of school districts cannot be altered or changed, 
but at a regular meeting of the Board of Trustees ; but a regu- 
lar meeting may be adjourned to a subsequent day, at which 



166 TRUSTEES. 

adjourned meeting the Trustees may change the boundaries of dis- 
tricts, provided, the business was introduced for action at the 
regular meeting held on the day fixed by Law. 

After a township has been laid off into districts, the Trustees 
have no power to alter or change any district, except at a regular 
session. But the regular meetings required of the Trustees on 
the first Monday 'of April and October maybe continued from 
day to day, or adjourned to be held at any other time. — Edwards. 

School districts can be altered or changed only at a regular 
semi-annual meeting in April and October. But if a proposition 
to alter or change a distiict is presented at such regular meeting, 
but not acted on for want of time or other sufficient reason, such 
proposition may be taken tij) and disj^osed of at an adjourned 
meeting. Such a meeting is to be regarded as merely a continua- 
tion of the regular session. But no proposition to change the 
boundaries of districts can be considereel or acted upon by the 
Trustees at any adjourned meeting, unless said proposition was 
first submitted to them at a regular semi-annual meeting. — 
Bateman. 

Districts may be formed out of territory lying in adjoining 
townships. In such case, it is required that the Trustees of the 
townships interested co-o]Derate. It is not necessary that the dif- 
ferent Boards meet together, m joint session, but simply that they 
mutually agree to the action proposed. The joint action of the 
several Boards is necessary in changing such districts. 

Districts composed of parts of two or more townships may be 
established ; in which case the Trustees of the interested town- 
ships shall act in conjunction ; but when such districts are formed, 
they cannot be changed without the consent of a majority of the 
Trustees of each township. — Edwards.. 

In the formation or alteration of a district or districts lying in 
two or more townships, the two or more Boards of Trustees must 
" act in conjunction," as the Law has it ; that is, they must concur 
in, consent or agree to, the proposed change. Without such 
mutual consent the proposed measure cannot be legally consum- 
mated. It is not necessary that the several Boards of Trustees 
should all meit together, and debate the question in joint session, in 
order to " act in conjunction," in the sense of the statute. All 



TRUSTEES. 167 

that is essential is, tliat tliere should be agreement^ concurrence^ in 
respect to the subject proposed. The several Boards may raeet 
together, or separately, and make known their action afterwards. 
— Bateman. 

In case of the division of a district, the Trustees must proceed 
at once to divide equitably between the several parts, all the pro- 
perty, funds, taxes, &c., belonging to the original district. This 
duty should be performed at the time the division is made. 

School houses and school house sites, and all other school pro- 
perty belonging to a district at the time of its division, is held to 
come within the meaning of the term as used in section 39, and 
as such must be divided among the several partsof the district, 
when such district is divided, in proportion to the interest of each 
of such parts of a district so divided in such property at the time 
of its division. The law makes it the duty of the Trustees to 
divide such property, but fails to specify the manner in which 
they shall make the division. The following method is suggested 
to the Trustees as being both equitable and convenient : Where 
a district is divided which is the owner of any hind of property, 
let the Trustees determine by estimate what portion of such pro- 
perty is justly due each part of said district, the taxable property in 
each of such parts of the district being taken as the basis of such divi- 
sion; then let the Trustees select some disinterested person as an 
appraiser of such property, let theDu-ectors of the disti'ict owning 
the property select a second person, and they two a third person, 
to appraise the present value of all the property belonging to the 
district. When they shall have set a value upon the property, 
the Trustees can then adjust the amounts due the several parts of 
the district as above indicated ; and the Directors of the district 
can proceed to levy the amount due the part or parts set off upon 
the portion of the district in which the house is situated. If the 
Directors shall faU or refuse to do so, the Trustees may order the 
whole property sold at auction to the highest bidder, and then 
divide the proceeds of the sale as above indicated. — Powell. 

When a new district is formed from parts of one or more dis- 
tricts, in which taxes had already been levied, said taxes should 
be divided by the Trustees at the time the new district is formed, 
and the Treasurer should be instructed to hold the portion of 



168 TETJSTEES. 

such taxes belonging to said new district when collected and paid 
over to him, subject to the order of the Directors of said new dis- 
trict. But if no division of tax funds was made, when the new 
district was formed, it is competent for the Trustees to make such 
division, at any time, and they should do so without delay — for 
district taxes are subject to call, at any time after collection, and 
the new district should not be deprived of her portion by the 
neglect of the Trustees — sections 33 and 39 prescribe the manner 
of dividing the tax funds when new Districts are formed. — 
Bateman. 

If a school house belong to a district, but not the site on which 
it stands, the Trustees, in case of a division of the district, should 
apportion to the several parts the value of the house. 

The fact that the District does not own the site, does not release 
it from the obligation to divide the value of the house, which it 
does own, and which both districts helped to build. The case 
falls under section 39, the language of which is too plain to require 
any explanation. — Bateman. 

Township school lands, having been once sold and reverting 
to the township, may be re-sold. In such case, the Trustees, and 
not the School Commissioner, will sell the land. 

Several years ago, the school section in a certain township was 
sold, and patents were issued to the jjurchasers, from the State, 
conveying and assuring the title. Default having been made in 
the payments due on one half of said section, it was sold, and the 
Trustees, to secure the township, bought it back, and secured the 
title in their corjDorate name as Trustees. It is now desirable to 
re-sell that land, and the question arises : Who shall sell it — ^the 
Trustees, or the School Commissioner ? 

A similar question was submitted about a year ago, in answer 
to which, I expressed and published the opinion, that it was com- 
petent for the Trustees to make the second sale. 

After a careful reconsideration of the subject, I am not able to 
arrive at any other conclusion than that already expressed. I 
am clearly of opinion that the Trustees, in all such cases as the 
above, have the right to re-sell. The soundness of this opinion 
seems to be sustained by many strong and obvious considerations. 

Prior to the original sale, the title vests in the State. The first 
sale can only be made by the School Commissioner. The original 



TRTJSTEBS. 169 

purchasers can only obtain their patents from the State, through 
the Commissioner. Vtde sections, 83 to 96, inclusive. 

But after the original sales have been effected, and patents have 
been issued to the purchasers, and the title of the State has thus 
been alienated, it would seem to follow that the jurisdiction of 
the School Commissioner ceases. The State, which the Commis- 
sioner represented, and for which he acted, having now conveyed 
its title, and vested the same in the purchasers, the official relation 
of the School Commissioner to the land terminates — his agency is 
no longer needed. 

The owners of the land have now a perfect title, and may, 
therefore, grant a good title to those purchasing from them. The 
Trustees having, in the case before us, bought in the land and 
acquired title in the manner aforesaid, may undoubtedly re-sell 
and convey, in their corporate name, as aforesaid. 

The law is everywhere very careful to protect school funds. 
No costs are allowed in any suit for the recovery of the school 
fund or any interest due thereon when such suit is unsuccessful. 
The land in question, has been once sold by the School Commis- 
sioner — he has had his commissions for selling it. If he may sell 
and re-sell the same piece of land, over and over again, there 
would be no limit to the amount of his commissions. It cannot 
be supposed that the law contemj)lates more than one commission 
to the same officer for selling the same piece of land. If the 
Trustees sell, no additional cost will be incurred, for the law does 
not entitle them to pay for that service. 

Sections 90 and 91 do not describe this case — the]/ refer to un- 
sold lands ; this is forfeited land. The power to sell is clearly 
given to the Trustees, in the 41st section of the Act. 

To accord with the spirit of the Law, therefore, the proper 
construction, in all cases embraced within the present inquiry, 
would seem to be : 

That forfeited lands, within two years from valuation, should 
be sold by the Trustees, at that valuation — and, 

That after two years, they should be agsunyalned, without peti- 
tion, [see sec. 91, "^:>royiS(9,"] and sold by the Trustees. — £ate- 
man. 



170 TOWNSHIP TEEASUKEE. 



TOWNSHIP TREASURER. 

TJpoK the election of a new Board of Trustees, a new bond 
should m all cases be executed by the township Treasurer. This 
is not only required by Law, but from a due regard to the rights 
of the securities, and the protection of the public money. — £ate- 
man. 

The Bond of the Treasurer should be so filled up as to desig- 
nate plainly the particular township for which the officer is acting. 

In the second line of the form of bond (Act 1861, §55, p. 24,) 
the blank after the words "unto the board of" should be filled as 
follows : " Trustees of Township N"o. — , Range No. — ; " giving 
definitely the township and range. The blank is sometimes filled 
with the single word " Trustees," which is too vague, and of 
questionable legal validity. There are a great many Boards of 
Trustees in the county ; and unless the blank is filled with a com- 
plete description of the township, as above suggested, there is 
nothing to show the j^articular Board of Trustees to whom the 
treasurer is holden, nor Avhat particular board would be author- 
ized to sue him on his bond for malfeasance in office, as provided 
in section 64, et at The blank in the second line of the form 
should, therefore, be filled as specifically as that in the eighth line, 
that the identity may be manifest. — Bateman. 

The Treasurer may institute suit against borrowers of school 
money, on default of jDayment of either principal or interest, with- 
out an express order from the Board of Trustees. 

It may safely be taken for granted, that in all such legal pro- 
ceedings, [bringing suit for money loaned] the Treasurer will seek 
the advice and concurrence of the Trustees, and may have an 
order from them before commencing an action. But such are his 
legal relations to the township fund, that I am disposed to the 
opinion that he may proceed in the premises without a formal 
ox-der from the Board of Trustees. — Bateman. 

The 61st section makes it the duty of the Treasurer to proceed 
to the collection of all claims due the township, when they ma- 
ture ; and if any loss accrues from his neglect in this particular, he 
and his securities become liable [see section 64] unless he acted, 
or was warranted in his failure to act, by an order of the Board 



TOWNSHIP TEEASUEER. lYl 

of Trustees entered upon their journal and subscribed by the 
President and Clerk ; in which case, if loss accrues, the Trustees 
become responsible. In case of loss by the neglect, he is respons- 
ilbe for failing to collect, in proper time, the debts due the town- 
ship, unless he was ordered, in the manner prescribed above, not 
to collect. — Ibid. 

The TpkEasueee cannot himself borrow the school moneys of 
a township) which have been entrusted to his official custody. 

Can township Treasurers loan to themselves any part of the 
school funds of their own townships? 

It would seera that the answer to this inquiry should readily 
suggest itself without argument — that the inconsistency of the 
transaction should be self-evident. But as a different opinion and 
practice have extensively obtained, it will be of use to give the 
point a brief examination. 

That township Treasurers should not and cannot lawfully be- 
come borrowers of the school funds of the townships of which 
they are treasurers, will appear from the following considerations : 

1. The township Treasurer is the agent of the Board of Trus- 
tees, through whom alone all loans must be effected and all con- 
tracts connected therewith be executed. [Section 57.] In all valid 
contracts there must be at least two parties — one empowered to 
negotiate, the other comjDCtent to be negotiated with. These two 
parties cannot be identical, or the powers of each be merged in 
the same person. This would be a contradiction in terms, and 
subversive of the primary rules of mutual obligation. 

2. Not only is there no one with whom the Treasurer can law- 
fully make the contract in loaning to himself, but another difficulty 
presents itself. The execution of securities may be denied by a 
plea of non est factum. In such case the testimony of the town- 
ship Treasurer is conclusive proof that the securities were duly 
executed. But suppose that plea is made by the township Treas- 
urer himself in denial of the execution of his own securities as a 
borrower of the fund : how or by whom shall the township prove 
them ? What recourse would there be in such an emergency ? 

3. All books, notes, bonds, mortgages, and all other evidences 
of indebtedness belonging to the township, are by law, in the 
exclusive custody of the Treasm-er, who is required to safely keep 
the same, and to lay them before the Trustees at their semi-annual 
meetings. [Sections 52 and 53.] If therefore, the Treasurer 
loans the funds to himself, he must keep and hold all of his own 
notes and other written secm-ities. But this would afford strong 
temptation to fraud, and be in direct conflict with the familiar 
doctrine in equity that temptation should be removed, and a 
constant sense of personal responsibility and personal interest be 



172 TOWS"SHIP TBEASTJREE. 

kept alive. This principle applies to all who, like the township 
Treasurer, act in a fiduciary capacity. 

4. The Treasurer rnust demand all moneys, papers, etc., belong- 
ing to the township. [Sec. 62.] Can he make this demand of him- 
self? And, if it should be essential, how shall such demand be 
proved ? Again : If additional security shall be required by the 
Trustees for the payment of money loaned, section 60 commands 
the Treasurer to institute suit for the recovery of the piincipal 
and interest. Can he institute proceedings against himself? If 
not, how shall the additional security be obtained and the inter- 
ests of the township be protected? Is such protection to be 
found in the official bond of the Treasurer ? Certainly not. The 
boncl simply obligates the Treasurer to discharge all the duties of 
his office according to law. To hold that the Treasurer can go 
on and borrow the township funds on said bond, without giving 
the securities required in section 57, would surely be the extreme 
of absurdity. The only ground on which the Treasurer would 
be liable on his bond in the premises, would be that of illegal 
conduct in loaning the funds to himself; but this would be fatal 
to the assumed right in question, and conclusively sustain the 
position here taken, that such loans are not legal; for that can 
not be lawful for doing which an officer is liable on his own bond. 

5. The Treasurer is the creature and agent of the Trustees ; 
and if they may loan to him, or allow him to loan to himself, it is 
difficult to see why he may not loan to them, or allow them to 
loan to themselves or to each other ; and thus every vestige of se- 
curity for the money would be gone : the township officers might 
speculate in the school funds without let or hindrance ; the de- 
sire to get control of the money would incite to fraud and corrup- 
tion in the election of Trustees and the appointment of Treasu- 
rers ; avarice, bribery, dishonesty and deceit would mark the his- 
tory of the management of the funds, and the beneficent purpose 
of the legislature be utterly defeated. — Bateman. 

Special tax funds belonging to a district may be paid out at 
any time, on the order of the Directors of said district. 

It is the manifest intention of the Law to place these funds, in 
a special manner, at the control of the several boards of Direct- 
ors by whom and for whose sole benefit they were levied. For 
this, and other reasons, the position may, I think, be safely as- 
sumed, that the Directors may draw on the Treasurer at any time, 
for such special district funds as may be in his hands. The order 
of the Directors, and the receipt of the person to whom the money 
is paid, will be sufficient evidence in favor of the Treasurer, and 
an ample guaranty for whatsoever of responsibility he may as- 
sume. — Bateman. 

In case a balance of apportioned funds remain in the hands of 



TOWNSHIP TEEASUREE. 173 

the Treasurer to the credit of any district, after all claims have 
been paid, said balance or any portion of it may he paid out by 
the Treasurer on the order of the proper Directors, for the pay- 
ment of legitimate school exjjenses, without the presentation of 
schedule. 

When the Trustees meet, in April and October, their first duty 
is to '•'■apportion'''' to the several districts the amount of money on 
hand ; that is, to determine and assign, in the manner required 
by law, the due proportions and just share to which each district 
is entitled. The amounts so apportioned and determined are then 
placed on the books of the Treasurer, to the credit of the several 
districts. The Treasurer then proceeds to p>ay out these funds to 
the persons authorized to receive them, charging each district, on 
his books, with the amount so jDaid out. It sometimes happens 
that a surplus, or " balance," remains to the credit of a given dis- 
trict after all orders from such districts have been presented and 
paid. For tliis balance, or for any part of it, the Directors may 
draw on the Ti"easurer at any time, and may use the same for any 
legitimate school purjjoses whatever. A simple order is sufficient ; 
no schedule need be filed with such order. This view does not 
conflict at all with the provisions of the 53d section, in which the 
auth'ority of the Treasurer to pay teachers is conditioned upon 
the filing of schedules. That section simply makes the filing of 
schedules essential to the claim of a given district in the original 
distribution of the funds ; it has nothing to do with the disposition 
of the surplus after such distribution — that is provided for in the 
34th section, upon lohich the foregoing remarks are based. — Bate- 
man. 

The' moneys apportioned to districts on account of census and 
schedules constitute one fitnd, and Treasurers will hold the same 
as siich, to be paid out on the orders of Directors. 

Treasurers will make no distinction whatever, between the 
money apportioned to districts by census of children, and by sched- 
ule. The two parts must be placed to the credit of the several 
districts nnd held by the Treasurer, on precisely the same condi- 
tions ; subject to be paid out on schedules and other orders drawn 
by the Directors ; as fully explained in the former part of this 
circular. 

The sole purpose of the Legislature, in the amendment to the 
34th section was to benefit the agricultural districts, which cannot 
have as many months school in the year, as districts in the towns 
and vilhiges — not to create two distinct funds, subject to different 
regulations. — Bateman. 

The Teeasuree need not as a matter of duty go behind an 



174 TOWlSrSHIP TREASTJEEE. 

order drawn by the Directors, to inquire into its correctness or 
legality ; but if he certainly knows that an order is illegally 
drawn, he may refuse its payment. As, if a Teacher be employed 
who has no certificate, and his schedule be certified to and filed 
by the Directors, who order its payment, the Treasurer may with- 
hold the money so ordered, if he knows the Teacher to be un- 
qualified to teach under the Law. To allow the order under such 
circumstances, would be a misapplication or perversion of the 
moneys in his hands. 

Where Directors employ a Teacher who has not a certificate, 
as required by Law, and the Treasurer is so informed ofiicially 
by the School Commissioner, and yet the Directors certify to the 
schedule of said Teacher, the Treasurer should not pay it. It 
would be a case of open fraud and should not be overlooked. 
Known and palpable fraud always vitiates. It is the ofiicial duty 
of the Commissioner to examine all Teachers. He is not bound 
to inform Treasurers as to who have or have not legal certificates 
— ^but if, in any case, he does officially lodge such information with 
the Treasurer, the latter is boiind to notice it, and not willfully aid 
in the violation of the Law. — Bateman. 

The amount of fines and forfeitures accruing to the school 
fund of each township, imder Section 82 is to be ascertained by 
the Treasurer thereof, and reported to the School Commissioner 
of the county semi-annually, according to the following instruc- 
tions issued by the State Department in 1860 : 

It shall be the duty of the Township Treasurer, of each and 
every township in which there is a justice of the peace, excepting 
incorporated towns or cities, as soon as practicable after the re- 
ceipt of this circular, to examine the docket of said justice, in 
respect to moneys belonging to the school fund, and to report the 
result of said examination to the School Commissioner. And 
semi-annually thereafter, each Treasurer as aforesaid, shall repeat 
said examination of said justice's docket, and report to the School 
Commissioner as aforesaid, on or before the 15th day of March 
and September — so that the School Commissioner can include 
the amount of funds so collected, in his semi-annual distribution 
to the different townships of the county. 

And it shall be the duty of each and every Justice of the Peace 
aforesaid, to give to the township Treasurer aforesaid, full and 
free access to his docket, for the examination aforesaid, and to 
pay over to the said Treasurer any and all funds collected and in 
his hands, and belonging of right to the school fund, taking the 
receipt of the Treasurer therefor. But Justices of the Peace are 
not, hereby, released from the duty of paying over said fines, &c., 



TOWNSHIP TEEASUEEE. 175 

to the School Commissioner as required by Law, nor is the Com- 
missioner absolved in the least, from any duty, in the premises, 
devolved by LaAV upon him. 

The first examination required herein shall reach back to the 
date of the election of the present acting Justice — and each sub- 
sequent examination, to the date of the preceding one. Upon 
receiving the report of the Treasurer, the School Commissioner 
will have exact and reliable data upon which to act. And when 
said reports shall reveal the fact that moneys collected and belong- 
ing to the school fund, remain in the hands of any Justice of the 
Peace, it shall be the duty of said Commissioner to institute legal 
proceedings for the recovery of the same, as required in the 82nd 
section of the act- 
When funds are paid by the Magistrates to Treasurers, the lat- 
ter shall pay over the same to the School Commissioner without 
delay and take his receipt therefor. 

The appoi^ttment of a new Treasurer by a Board of Trustees 
is in law and in fact a removal of the prior officer. 

The appeoval of the bond of a Treasurer is sufficiently evi- 
denced by the official endorsement on the bond of the names of 
the Trustees. 

These points have been decided by the Supreme Court, in the 
case of E. S. JSolbrooJc et al. vs. Trustees of Schools of Township 
33 JVorth, of range 1 ^ast, reported in vol. XXII III. Rep. p. 539. 
This case was an action of debt, commenced in the Circuit Court 
of LaSalle county by Trustees aforesaid, against Holbrook, town- 
ship Treasurer, and his securities, for the recovery of sch-ool 
moneys in the hands of said Holbrook, which he had refused to 
pay over to his successor in office. The record shows that E. S. 
Holbrook was appointed Treasurer in April, 1850; that he held 
said office until April, 1856, when D. L. Hough was appointed 
as his successor; that immediately upon being appointed^ and 
duly qualified by executing bond which was approved, Hough 
demanded of Holbrook the school moneys in his hands, amount- 
ing to $1,693.39; that Holbrook refused and neglected to pay 
over said moneys to Hough, though often requested to do so, and 
that he still held possession of the moneys at the time the action 
was brought. Holbrook held that Hough was not legally ap- 
pointed, because no vacancy existed in the office of Treasurer at 
the time of the appointment of the latter, and because, also, the 
bond of Hough had not been approved in a meeting of the Board 
of Trustees, but only by the official signatures of said Trustees. 

i 



176 TOWNSHIP TKEASUREE. 

The verdict was given in the Circuit Court for the plaintiffs; 
whereupon the case was brought by appeal to the Supreme Court, 
and the judgment of the Court below was affirmed, the opinion 
being rendered by Judge Caton. The following is quoted from 
the de*cision : 

We shall first consider the sufficiency of the declaration. We 
think the answer to the objection, that it does not show that there 
was a vacancy in the office of Treasurer at the time of Hough's 
appointment, is a good one. The statute gave to the Trustees 
the power to remove the Treasurer at pleasure. Possessing such 
a power, the appointment of another in the place of Holbrook 
was, of itself, a removal of him from that office. It did not re- 
quire a separate antecedent order of removal. Had the law 
required them to spread upon their records the reason for the 
removal, or even authorized them to remove only for good cause, 
the rule might be different. The declaration avers that Hough 
was duly appointed and qualified, and it is objected that it should 
have shown the quo modo of his qualification to the office. We 
think the averment sufficient. The fact of qualification is the 
natural fact of the case, and it was not necessary to plead the 
evidence which would be adduced in support of that fact. Even 
whei-e a Justice of the Peace is justifying in an action of trespass 
for having issued an execution, which has been levied on the 
plaintiff's proj)erty, it is only necessary for him to aver that he 
was a Justice of the Peace, duly elected and qualified as such, 
without stating the mode of election or qualification. It is ob- 
jected that the bond of Hough, the successor of Holbrook, was 
not approved by the Board of Education as required by the 
School Law. The approval was evidenced by the members of 
the Board endorsing an approval on the bond, and signing it with 
their proper hands and official designation. In this, the Board 
followed the j)recise form pointed out by Section 52 of the School 
Law, which would seem to be a sufficient answer to the objection. 

A Teeasueer is holden on his bond for the moneys deposited 
with him, and the law will compel him to make good any loss 
that may accrue to the school fund by reason of his failure to pay 
over moneys confided to his custody. 

This principle is confirmed in the case of Andreio J. Thomp- 
son et al. vs. Trustees of Township 16 North, of range 3 West, 
reported in vol. XXX, 111. Reports. The following were briefly 
the facts in this case. Thompson was school Treasurer of the 
township aforesaid, and had hi his possession on April 1st, 1860, 
school moneys belonging to the township to the amount of $608.85, 
said moneys being deposited in an iron safe, which was kept 



TOWNSHIP TREASUEEE. 177 

locked. About the Vtli of the same month, the moneys were 
stolen from the safe in which they had been deposited, having 
been taken without the knowledge of Thompson, and without 
any fault of his. The Trustees, having demanded the moneys 
of Thompson, who declined paying them over on account of their 
having been stolen, brought suit against him (Thompson,) for the 
recovery of the amount aforesaid, in the Sangamon County. Cir- 
cuit Court, and obtained a judgment against him. Thomj^son 
appealed the case to the Supreme Court, and the opinion of that 
Court is given, in substance, following : 

The only question made is, as to the liability of the Treasurer 
and his sureties, on these facts. It is contended by them, that 
they are not liable on the bond, as the bond does not oblige the 
Treasurer safely to keep the money coming to his hands, but he 
is only liable as a bailee and responsible only for want of ordinary 
care. 

Section 55, of the act to establish and maintain a system of 
Free Schools, pro%ades, that the township Treasui-er shall, before 
entering upon his duties, execute a bond with two or more free- 
holders, &c., or securities payable to the board of the township 
for which he is appointed Treasurer, &c., conditioned faithfully 
to perfonn all the duties of township Treasurer, &c., according 
to law. 

The condition of the bond is, that if the above bound township 
Treasurer, shall faithfully discharge all the duties of said office 
according to the laws which now are or may hereafter be in force, 
and shall deliver to his successor in office, aU moneys, books, 
papers, securities and property in his hands as such township 
Treasurer, then the obligation to be void, &c. 

As it is gravely urged by the counsel for the plaintiffs in error 
that the duties of township Treasvn-er do not embrace keeping 
safely the moneys coming to his hands for the use of schools, it 
becomes necessary to examine the statute in that respect. 

Section 56 provides that the township Treasurer shall provide 
himself with two well bound book-s, the one to be called a cash 
book, the other a loan book. He shall charge himself in the cash 
book with all moneys received, stating in the charge from whom, 
&c., and shall credit himself with all moneys paid or loaned, the 
amount loaned, &c. He shall also enter in separate, moneys re- 
ceived and moneys paid out, charging the first to debit account 
and crediting the latter as follows, to wit: 1. The principal of 
the township fund, when paid in and when paid out. 2. The 
interest of the township fund, when received and when paid out. 
3. The Common School fund, and other funds, when received 
from the School Commissioner and when paid out. 4. The taxes 
12 



178 TOWNSHIP TREASURER. 

received from the county Collector, &c. 5. Donations received. 
6. Moneys coming from all other som'ces, &c. 

By Section 62, the township Treasurer is required to demand, 
receive and safely keep, according to law, all moneys, books and 
papers of every description belonging to his township. 

Bj Section 64, for any failure or refusal to perform all the du- 
ties of township Treasurer by law, he shall be liable to an action 
on his bond, &c. By Section 12, he is allowed to retain two per 
cent, upon all sums paid out or loaned by him, except upon mon- 
eys raised by any district tax. 

These citations, furnish a full answer to the point made by the 
counsel for the plaintiffs in error and to his argument in .support 
of it. 

The fact that the township Treasurer is required to receive 
money, and enter it in his cash book, implies, without any other 
special regulation, that he is to keep it safely. This is one of the 
duties of his office he has undertaken faithfully to discharge. 
Another duty no less imperative is that he will deliver to his suc- 
cessor in office, all moneys in his hands as such township Treas- 
urer. Which he could not do if he suffered it to be lost out of 
his hands, or it should be so lost, by any accident. The under- 
standing is that the money shall be in hands. These duties he 
has undertaken to perform unconditionally ; besides all this he is 
required, by section 62, to receive and safely keep, according to 
i-aw, all moneys, &c., belonging to the township. 

We cannot discover a shade of difference between this and the 
ease of the United States vs. Prescott, Howard 578, cited by 
the counsel for the defendant in error. As in that case, so here 
is an undertaking safely to keep the money, by the very face of the 
language of the condition of the bond, independent of the pro- 
visions of the pixty-second section. In no sense is this a ease of 
bailment. The liability of the Treasurer arises out of his official 
bond. He has made by that bond, one express contract with the 
Trustees," that he will keep safely the moneys which shall come to 
his hands. It is so " maintained in the bond," when that is read 
in the light of the statute prescribing his duties, and considera- 
tions of public policy forbid that he should be permitted to avail 
of any extraneous fact outside of the condition of the bond. The 
Treasurer well knew and understood the contract he had entered, 
and the extent of the obligation he had voluntarily incurred, and 
he has obtained all he contracted for ; the possession of the office 
with the emoluments attached to it. 

We think there is no principle on which the defence can be 
sustained, the contract being absolute. In these days of remorse- 
less peculation upon the public, by its functionaries, indeed at aR 
times, public policy demands, that depositories of the public money, 
should be held to the most rigid accountability within the terms 
and scope of their covenants. 



TOWNSHIP TEEASUEEE. 179 

They know well on assuming then- positions, the hazards to 
which they are exposed, and they voluntarily, assume the risks, 
and are paid for so doing. 

Township) Treasurers, under our statutes, sections of which we 
have cited, are made insurers of the funds coming to their posses- 
sion, and nothing should or can excuse them but the act of God 
or the public enemy. There would be no surety to the public were 
not this the rule. A distinct and weU defined liability is imposed 
on them by statute, and if it be not met to its fullest extent, the 
omission whether resulting from misfeasance or negligence or 
unavoidable accident, or by a felony committed by another, fur- 
nishes no defence to the action on the bond. 



180 SCHOOL DIBECTOES. 



SCHOOL DIRECTORS. 

Directors are authorized and required to establish in their 
respective districts a sufficient number of schools to accommodate 
all the school-going children within their jurisdictions. If one 
school is not sufficient for the wants of the district, the number 
should be increased, until suitable accommodations have been 
provided for all. 

The imj)ression extensively prevails, that only one school can 
legally be maintained in the same District. So far is this from 
being true, that it is the imperative duty of the Directors to estab- 
lish as many schools as the wants of tlieir District require. If 
they should fail or refuse to do this, the inhabitants have undoubt- 
edly a legal remedy. The language of the Law is peremptory: 
The Directors, " shall establish and keep in operation, for at least 
six months in each year, a sufficient number of free schools for all 
the children in the District, over the age of five and under twenty- 
one years." In conformity with this requirement they may, Avhen 
the exigencies of the District demand it, hire &c rent suitable 
rooms or houses for schools, at places most convenient for the 
accommodation of the children, without a vote of the people. — 
Bateman. 

Schools may be continued by the Directors beyond six months, 
without a vote of the people, when there is a balance of public 
money remaining sufficient to defray the expenses of said schools. 
It is only when it is necessary to levy a tax to continue schools 
that Directors must consult the people. 

The Law fixes no limit to the number of months a district may 
have a school. It only says that each district must keep at least 
six months, as a condition of receiving public money — leaving it 
optional with the Directors to extend the time or not. But Section 
48, as amended, requires a vote of the people to , levy a tax to 
continue schools beyond six months. If the public money is suffi- 
cient to sustain a school the entire'year, even without a district 
tax, the Directors have full power to keep their school open the 
whole time. — Bateman. 

No provision of the Act is at all restrictive of the right of each 
district to have a school as much more than six months as it 
chooses, provided, that if a tax is necessary to continue the school, 
the people must vote it. In many districts the public funds are 
sufficient to maintain a school the entire year without any district 



SCHOOL DIEECTOES. 181 

tax at all. No one can doubt that the Directors of such districts 
may, as Directors, -without a reference of the subject to a popular 
vote, extend the term of school to eight, ten or more months, at 
their option. — Ibid. 

Directors are authorized to appoint and establish rules and reg- 
ulations for the government of jnipils attending schools under their 
control. In exercising this authority, Directors will prescribe 
such rules as Avill, in their judgment, be best calculated to promote 
the good order, discipline, and usefulness of schools. Directors 
have full power to suspend or expel rebellious pupils from the 
privileges of the school. The following paragraphs are quoted 
from a decison of the Department, Avhich was rendered for the 
purpose of defining the jurisdiction of Directors and Teachers 
over pui3ils attending school, and what control may be exercised 
by the Board and the Teacher over such pupils out of school hours. 

It is the legitimate province of the Directors to adopt and 
enforce a code of specific rules and regulations for the govern- 
ment and discipline of their schools. 

The patrons of the school are bound, not only by the express 
provisions of law, but also by the nature of the implied compact 
between the parties, and by the obligations of moral justice lis 
well as necessity, to acquiesce in and support the government of 
the Directors. 

In respect to details it is hardly practicable to lay down any 
precise rules which would be of universal application. But every 
school-government, to be efficient, must be strong and decisive/ 
the law wisely- makes it so ; the necessities of the case demand 
that it shall be so. 

That Directors have the right and power to prohibit pupils 
leaving school during school-hours, for any cause whatever, except 
eickness, or some urgent necessity, there can be no doubt at all. 
To this extent, at least, the powers of Directors rest upon the 
ground of clear and unquestionable legal right. 

What jurisdiction and control, if any, the Directors and 
Teacher may exercise ov(U' the pupils beyond this point, it is not 
go easy to determine. We here pass the boundary of clear and 
well defined authority, and enter the domain of comparative un- 
certainty and doubt, where usage, circumstances, and expediency, 
must be our guide. 

If the Teacher insist upon uniforrtily thorough and excellent 
recitations, according to the several abilities of the scholars, which 
it is undoubtedly his right and duty to do, then, whatever hinders 
or prevents the attainment of the required standard of excellence, 
must of necessity be dispensed with ; and thus an evil may be 
reached indirectly which can not be directly jDi'oscribed. A 



182 SCHOOL DIEECTOES. 

Teacher can not say to a scholar that he shall not, out of school- 
hours, go a hunting, or fishing; that he shall not attend picnic, 
dancing, or other parties; but he can say that every lesson 
and exercise of the school shall be promptly and faith- 
fully learned. If the scholar can com^jly with this demand 
and still have leisure for those pastimes, he has a perfect right to 
indulge in them, so far as the Teacher and Directors are con- 
cerned. If he can not do both, the alernative is before him ; the 
school authorities can not relax or relinquish their legitimate 
demands. — Batetnan. 

The School Law confers the nght to attend public schools 
only upon persons over five and under twenty-one years of age. 
Nevertheless, Directors in the exercise of a prudent discretion 
may admit persons over twenty-one. Such persons should be 
charged a fee for tuition, and their attendanee should be regis- 
tered in a separate schedule. 

Those only who are over five and under twenty-one years of 
age have a legal claim to the privileges of the public schools. But 
Directors have, in my estimation, some discretion in the premises. 
They cannot refuse any M^hose ages are within the prescribed 
limits, but they may in special oases, and when the interests of 
the school will not in any manner be compromised thereby, receive 
persons over twenty-one, either residents or non-residents. The 
persons so received should be charged a reasonable tuition fee, 
and their attendanee noted in the schedule the same as other 
scholars. — JBatemaji. 

Directors have the right to order what branches shall be taught, 
and the Teacher has no option, but must obey the rules with 
reference to the studies to be taught in the school which the 
Directors prescribe. 

The law makes the Directors the sole judges of what the inter- 
ests of the schools in their district require, and clothes them with 
full authority to promote and protect those interests in every just 
and legal manner. The proviso of the 5Qth Section authorizes the 
teaching of a foreign language in our public schools, and^ it is 
equally clear that the higher mathematics may also be taught, 
when the Directors think proper to introduce them. But the 
whole subject of studies and text-books is left to the discretion of 
Directors, who alone have the power to prescribe what branches 
shall be taught. The Teacher must conform to the rules and 
regulations established by the Directors; if the latter direct that 
algebra, or any other particular subject, shall be taught, the 
former must teach it — he has no option in the premises. If the 
teaching of that or any other branch is forbidden by the Direct- 
ors, the Teacher must be governed by his instructions. — JBateman^ 



SCHOOL DIEECTOES. 183 

DiRECTOES cannot legally unite Si public scJiool under tlieii- con- 
trol with Vi private school^ surrendering their right to manage and 
supervise the interests of said school to Trustees of a seminary 
or academy. 

No such compromise [between Directors and the Trustees of a 
private school] can be legally entered into. It is a fundamental 
requirement of the School Law that all schools established under 
it shall be subject to the exclusive direction and control of a 
regularly elected Board of School Directors, and be perfectly free 
for at least six months in the year to all the children of lawful 
school age in the district. — Hatenian. 

DiEECTOKS may dismiss a Teacher, if they judge him incom- 
petent, although he may possess a certificate of qualification from 
the School Commissioner. 

A legal certificate ought always to be conclusive proof of com- 
petency, but from the careless and superficial manner in which 
examinations are often conducted, certificates are frequently 
issued to persons totally unworthy to receive them. In such 
cases, if the Directors have a higher standard of competency than 
th,e Commissioner, they have a right to require the Teacher to 
conform to that standard, and in default, to dismiss him. Each 
Board of Directors may determine for themselves the question of 
competency, so far as their own school is concerned. — J3atemcm. 

Isr DISMISSING a Teacher, it may not be legally required of 
Du'ectors that they assign the cause of dismissal, but it is requii-ed 
by every just and moral consideration that they do so. 

For " incompetency, cruelty, negligence or immorality," Di- 
rectors may, at any time, dismiss a teacher, either with or without 
assigning reasons — with or without specific allegations and proof. 
But, any teacher feeling aggrieved by the action of the Directors, 
can sue them for his wages, and other dam^es, and thus compel 
them to show cause for the dismissal, and to support their allega- 
tions by adducing adequate proof — JBateman. 

A CONTEACT entered into with a Teacher by Directors is bind- 
ing upon their corporate successors. 

Directors can employ a Teacher for a year, and their successors 
in office would be bound to fulfill such a contract in good faith. — 
Powell. 

Directors are a " body politic and corporate " in the fullest 
sense of that phrase ; and hence, all the legal acts and contracts 
of one Board are binding upon then- successors. — Bateman. 



184 SCHOOL DIKECTOES. 

A Director cannot be employed to teach a school by the Board 

of which he is a member. 

A Director cannot be legally employed by the two remaining 
Directors as Teacher. The Director so em^Dloyed would mani- 
festly be interested in a contract made by the Board of which he 
is a member. — Bateman. 

The wife of a Director, or a son, or a daughter may be law- 
fully employed to teach a school by the Board to which such 
Director belongs. 

The point has been raised, whether a Board of Directors may 
lawfully employ the wife of one of their number as Teacher j whe- 
ther it would be in conflict with the principle that "no Director 
shall be interested in any contract made by the Board of which 
he is a membei-'." One of the Directors would certainly be inter- 
ested in such a " contract" as the above, but not in the sense and 
manner prohibited by statute. There is no legal impediment 
whatever in the way of such a transaction. — Bateman. 

Two Directors may employ the son of a third as Teacher. The 
case does not fall within the prohibition mentioned in the last 
clause of the 42nd section of the Act. — Ibid. 

Directors cannot, in their corporate name, legally borrow 
money to pay the salary of Teacher. 

The law makes no provision for borrowing money to pay Teach- 
ers. The Directors may borrow money as individuals, but not as 
Directors, to pay Teachers' ^Q.gQ%.-^PoweU. 

An order may be drawn by Directors at any time in favor of 
a Teacher, if there is a balance of unappropriated money in the 
hands of the Treasurer belonging to the district. 

Directors may draw an order on their Treasurer in favor of 
their Teacher at any time, provided there is a balance belonging 
to their District in the hands of the Treasurer ; otherwise, the 
Directors cannot draw on the Treasurer, nor can the latter pay 
over any money to the Teacher until his schedule has been filed. 
— Bateman. 

In case Directors are sued by a Teacher for his wages, and 
the latter obtains judgment, the district in Avhich the school was 
taught is alone liable for the amount. The following decision 
applies to a case where Teacher sued Directors for wages, and 
obtained judgment. The court issued a mandamus against 
the Trustees, Treasurer, and Directors. The district had 



SCHOOL DIEECTOES. 185 

not money enough on hand to pay the judgment. The Trustees 
applied to the Department to know whether the judgment must 
be paid out of township moneys, or out of moneys belonging to 
the district exclusively: 

The "mandamus" hears primarily upon the Directors. If 
there is money enough in the hands of the township Treasurer, 
belonging to the district, to satisfy the judgment, the Directors 
must draw an order on him, in favor of the Teacher, for the 
amount of the judgment, with interest and costs, and the Treas- 
urer must promptly honor the order. If there are not funds 
enough, belonging to the district, then the Treasurer must pay 
the judgment from the first moneys accruing to said district, and 
the Directors must, if necessary, levy a special district tax to 
make up the deficiency. The language of the AQth Section is not 
entirely clear, so far as it relates to the obligations of Directors. 
But it cannot be supposed that a judgment against a single dis- 
trict should be satisfied out of funds not yet ajjportioned by the 
Trustees to the several districts — such as interest on the township 
fund, &c. To do this would be to cause all the districts in the 
township to suffer for the delinquency of one. The amount of 
the judgment might be so large as, (if the above view should be 
adopted,) utterly to derange the financial condition of all the dis- 
tricts — rendering it impossible for any one of them to meet its 
current obligations. The injustice of such a course is so mani- 
fest, that it could not have been contemplated by the Legislature. 
The consequences of debts and judgments should be restricted, 
as far as possible, to the individual district or districts incurring 
them. — Bateman. 

DiEECTOES must certify aU schedules of schools taught in their 
disti'iet, whether they be regular or separate schedules, and file 
the same with the township Treasurer at least two days before 
the semi-annual meeting of the Board of Trustees. 

The Directors of the district in which the school is taught cer- 
tify to all the schedules. They alone are supposed to know that 
the schedules are correct. — Poioell. 

It is the duty of the Directors to carefuUy examine the sched- 
ule, correct all errors, certify to its correctness, sign the certificate 
by at least two of their number, and file it with the township 
Treasurer. If the Directors fail to make the necessaiy correc- 
tions, or to properly certify and sign it, or to return it in good 
season to the Treasurer, so that the schedule is forfeited or re- 
jected through their neglect, they are personally liable for the 
loss sustained through such failure or neglect. I know it is cus- 
tomary for the Teacher to return the schedule to the Treasurer ; 



186 SCHOOL DIEECTOES. 

but the duty and respotisibility are devolved by law upon the 
Directors. 

DiEECTOES cannot certify to a schedule which reaches back 
more than six months from the time appointed for the return of 
such schedule to the townshij) Treasurer. 

In case Directors fail to certify to a schedule legally kept, in 
time for it to be apportioned on, or neglect to file it with the 
township Treasurer as required by Law, they are personally liable 
for the loss sustained, and damages may be collected by the 
Teacher at law. 

It is not lawful for Directors to order and receive moneys 
raised ^s district tax dkectly from the collector of said tax. The 
moneys so raised can only reach the Dh-ectors legally through 
the hands of the township Treasurer, who is the only -responsible 
keeper of school funds. 

The township Treasurer is the only lawful and responsible cus- 
todian of all school funds belonging to the township. No money 
can legally reach the Directors or their creditors, through any 
other channel than the township Treasurer. He is the only town- 
ship school officer who is under penal bonds for the safe keeping 
of the funds. The practice, therefore, which has grown up in 
many parts of the State, of presenting orders for district tax 
money, to the town or county collector, and drawing payment 
thereon, before the money has passed into the hands of the town- 
ship Treasurer, is in direct and palpable conflict with both the 
spirit and letter of the law, as expressed in /Sections 34, 40 and 
45, of the Act of 1859, and should be at once discontinued. The 
practice is a manifest infringement of the official rights and duties 
of the township Treasurer — is often grossly unjust to a portion of 
the districts in the township, and is fraught with imminent danger 
to the safety of the funds. — Bateman. 

DiEECTOES cannot be compelled to pay Teachers' wages until 
after the township apportionment next following the presentation 
of schedule. The following decision was given in a case where 
a Teacher, having engaged to teach three months, taught but 
about one-half the time stipulated for, having been dismissed by 
the Directors. The Teacher waited until the three months had 
expired, and then brought suit against the Directors for his 
wages for the whole time he had engaged to teach. The Court 
decided that, " the contracts of Directors with Teachers are under- 
stood to be credit contracts, and Teachers cannot sue for their 



SCHOOL DIEECTOES. 18^ 

wages until after apportionment." The decision of the Depart- 
ment is thus given : 

The Dire(jtors, one of the parties to the above contract, are offi- 
cers whose powers, rights and duties are prescribed by law. Twice 
a year only, namely, the first of April and October, the Directors 
receive school funds. Their obligation to pay, being corporate^ 
not personal, they could not be compelled to pay the Teacher out 
of their private funds, but only out of the school funds. If then, 
it should be held, that the Directors are liable to pay prior to 
April or October, it would follow, that they are required by law 
to pay money before the law itself enables them to do so, by 
placing that money at their disposal — a conclusion, the unreason- 
ableness of which is self-evident. The law cannot require an 
impossibility. The decision of the court was a legitimate deduc- 
tion from the ^Uh Section of the present Act. The moment the 
52nci, 53d and 54th Sections of the Law have been complied 
with by the Teacher, the Directors may give him an order on the 
Treasurer ; but no court could compel its payment until after the 
first Monday in Aj)ril or October. — Bateman. 

School mon"ets in the hands of a township Treasurer, belong- 
ing to a district can only be paid out on the order of the Direct- 
ors of said district. 

All school moneys, without distinction, that are or may be in 
the hands of any township Treasurer to the credit of a particular 
school district, shall be paid out only on the order of the Direct- 
ors of said district. This applies equally to all school funds, 
state, county, township, special district taxes, proceeds of sales 
of district property, etc. 

Oedees drawn by Directors for the payment of money in the 
hands of the Treasurer and belonging to the district, must specify 
the use to which the money is to be applied, and must be signed 
by at least two members of the Board. 

All orders must state the specific purpose or indebtedness for 
which they are drawn, otherwise they will not be legal, and all 
orders, to be legal, must be signed by a majority of the Board 
of Directors, or by the president and clerk of said board. — 
JBateman. 

Special district tax moneys are under the exclusive control of 
the Directors of the district to which such moneys belong, and 
can only be paid out on the order of said Directors; — Trus- 
tees having nothing whatever to do with such funds. 



188 SCHOOL DIRECTORS. 

DiEECTOKS are not personally liable for the consequences of 
their corporate acts, performed under the Law. But for acts 
performed without warrant of law, they are personally liable. 

Directors may be sued as Directors — not as individuals. Their 
private property cannot be taken in satisfaction of any judgment 
obtained against them in their official character as Directors. — 
Bateman. 

The liability of Directors for all debts legally contracted by 
them as such, is a corporate, not a personal, liability. They can 
be proceeded against for the recovery of all just claims, as Direct- 
ors, not as mdividuals. Teachers and others are often non-suited 
in actions of debt against Directors, for failing to observe this 
distinction in the form of proceedings. No claims are surer of 
being ultimately paid than those legally held against Boards of 
Directors ; for, to the liquidation of such debts, the whole taxable 
property of the district is pledged, and sooner or later the amount 
must and will be made, by taxation or otherwise. The Act \See. 
49] expressly authorizes the court where judgment against any 
Board of Directors is obtained to enforce payment by attachment 
or mandamus, compelling said Board to levy a tax, if necessary, 
to pay the amount of said judgment, with interest and costs. 
But it must be remembered that the property of Directors as 
individuals, is not liable for such debts. 

The foregoing remarks do not aj^ply, of course, in case of mal- 
feasance, or neglect of official duty, on the part of Directors. For 
losses caused by illegal acts, or through failure to perform duties 
enjoined by law. Directors are personally liable ; because in such 
eases their relation to the district is changed; it ceases to be of a 
legally representative character,. and hence, their acts not having 
the sanction of law, they and their property, and not the district 
and its property, must be held answerable for the consequences. 
The district is responsibly for contracts made or debts incurred 
under the law, and for no others. — JBateman. 

Where a notice of an election, [as for Directors, and to locate 
a school house site,] for a school district specifies several pur- 
poses, in such a way as to leave no doubt of its meaning, it is held 
to be a sufficient notice, although there may be some unimportant 
omission in the body thereof. 

Where it appears that a site for a school house has been 
chosen, it wUl not be invalidated because the clerk has made irreg- 
ularities or omissions in describing the site selected. 

The omissiok to tax some property [for the building of a school 
house] in a school district will not vitiate the tax. 



SCHOOL DIRECTORS. 189 

Equity will not restrain the collection of a tax levied [for the 
building of a school house] by officers dejicre or de facto, because 
of irregularities in their levy and collection. 

The principles above stated have been determined by the Su- 
preme Court, in the case of Stephen Merritt et al, vs. John G. 
Farrls et al, reported in vol. xxii 111. Rep., p. 303. This case 
was appealed to the Supreme Court from the Circuit Court of 
Marshall county, by Stephen Marshall et al., the appellants 
having filed a bill in chancery as complainants in the court below, 
to enjoin the collection of a school tax levied by John G. Farris 
et al, School Directors of district No. 10, in township 13 north, 
of range 9 east, in Marshall county. Complainants alleged in 
the court below that no election was ever held in said district No. 
10, for the purpose of selecting a school house site, or for building 
a school house, no notice for such an election ever having been 
given or posted up ; that there were several persons, residents of 
the district, owning taxable proj)erty, upon which no tax had 
been levied for school purposes ; that the site upon which the 
school house was erected was not particularly described by the 
clerk of the election, in his record; and that the tax was not 
levied and collected by officers of the district, but of the town- 
ship. The injunction was granted, and at the same term the 
responclents filed their answer and affidavits in its support, and 
moved the court to dissolve the injunction, which was done and 
the bill dismissed. Complainants then appealed, alleging the fol- 
lowing errors : 1. The court erred in dissolving the injunction, 
and dismissing the bill ; 2. The court erred in not making said 
injunction perpetual. The following is taken from the oj)inion 
of the Supreme Court : 

The complainants, by their bill, seek to enjoin the collection of 
a district school tax, because of alleged irregularities in its levy. 
The first objection urged is, that the notice calling the election 
is not sufficiently specific as to the purjDoses of the election. It 
specifies the objects to be, for the purpose "of electing three 
Directors, for selecting a school house site for a school house for 
said district." The notice clearly specifies the first object to be 
the election of three directors, and another object, clearly indi- 
cated by the last clause, was for the selection of a site by the 
voters, upon which to erect a school house. It is true that the 
person drafting the notice omitted the copulative conjunction 
" and," after the word "Directors," and before the words "for 
selecting," but we cannot see that there is any doubt in its mean- 



190 SCHOOL DIRECTOES. 

ing, and it would have been no plainer if the omission had not 
occurred. 

It was likewise insisted, that the site for the school house was 
not selected by the voters of the district. The answer and evi- 
dence shows that a site was chosen by a majority of the voters, 
but the clerk of the election did not describe it by metes and 
bounds, but only by general reference. The answer and affidavits 
also show that the site thus selected has been conveyed to the 
district, by the person who OAvned it at the time it was selected. 
This being the case, no objection is perceived to the levy of the 
tax for the reason urged. It is not believed that it is material to 
the validity of the selection, that the clerk of the election should 
describe the place chosen with precision, in entering upon his 
records the fact that the voters made choice of a site. His record 
in no way altera or controls the fact of the site having been 
selected. It is a fact that he has no power to alter or control. 
And when the selection has been made, and the district has 
obtained the title to the property chosen, the object of the law 
has been attained, and trifling and unimportant matters of form 
should not be permitted to defeat the purpose of the law. 

It was also insisted that a portion of the persons in the district 
liable to taxation, as well as a portion of the taxable property in 
the district, were not assessed, and that the tax was thereby ren- 
dered void, as being in violation of the 5th section of the 9th 
article of the State constitution. That provision is this : " The 
corporate authorities of counties, townships, school districts, cities, 
towns, and villages, may be vested with power to assess and 
collect taxes for corporate purposes ; such taxes to be uniform in 
respect to persons and property within the jurisdiction of the 
body imposing the same." It is first urged that this levy is not 
warranted by the constitution, because it is not uniform as to 
persons and property, within the jurisdiction of the corporate 
body imposing the tax. The constitution, in its application to 
the various departments of the government and to individual 
rights, must receive such a construction as to give it a practical 
operation. It must be so applied as to promote and effect the 
objects of its adoption, and not to defeat the end for which it was 
established. Equality' is provided for, both as to persons and 
property, in the levy and collection of all taxes by the constitu- 
tion, whether for State or other purposes. And to hold that the 
omission to assess an individual, or to assess property liable to 
taxation under the revenue laws, will render the whole tax levied 
under that assessment, to the extent of the revenue of which it 
forms a part, to be void, instead of accomplishing the object of 
the constitution, would only render its provisions authorizing the 
collection of revenue inoperative. If the omission to assess an 
individual, or to assess property liable to assessment, would ren- 
der the whole district school tax void, it would for the same rea- 



SCHOOL DIRECTORS. 191 

son render the "wliole townsliip, county and State levies equally 
so, when made by tliei same officer assessing for each of them. 
These taxes are all levied on the assessment made by the town- 
ship or county assessors. And if his omission to assess pro^^erty 
destroys the equality of the entire tax of the district, it has the 
same effect upon the State, county, and township tax, as the 
omitted property is liable to be assessed for all of these purposes, 
and its omission increases the burthen of other tax-payers to. 
the extent of the amount it would have yielded. The framers of 
the constitution could not have designed that such an omission 
should avoid the tax levied upon the property which is regularly 
assessed. They intended to require, and did require, that the 
law should provide for a uniform mode of assessment and collec- 
tion, which would not sanction exemptions from the burthens of 
taxation, and they imposed the duty upon the officers acting under 
the revenue laws, of executing them fairly and impartially, but it 
never could have been intended that their omissions should render 
the whole tax void, and to suspend the collection of the revenue. 
If an officer wilfully and corruptly, or from gross negligence, 
were to make such omissions, he would doubtless be liable to 
make compensation in damages to those suffering injury. 

It was also urged, that this tax was not levied and collected by 
the school district, as contemplated by this provision of the con- 
stitution, as the assessment was made by the township assessor, 
and collected by the township collector, but it could only be 
assessed and collected by the officers of the district. The law 
authorizes the Directors to adopt the general assessment for pur- 
poses of taxation, and upon it to make their levy, and when made 
it is collected and paid over to them. The various officers con- 
cerned in the collection of the district school tax are, for the pur- 
poses of that tax, under the law as fully district officers as if they 
were elected for the purpose by the voters of the district. And the 
mode adopted for the assessment and collection of this tax leaves it 
entirely under the control of the district, and when it is done, the 
assessment and collection of the tax is virtually made by the district. 

This court, in the case of 3Iunso7i vs. Minor, and in the case 
of Chicago, Burlington and Quincy R. JR. Co. vs. Frary, held 
that equity will not restrain a tax levied by officers cither de jure 
or de facto, where the power to levy a tax is an incident to their 
office, and that mere irregularities and informalities in its levy 
and collection will not be enquired into by a court of equity, but 
that the parties supposing themselves aggrieved will be left to 
seek their remedy at law. In this case we find these defendants 
acting as Directors, and the law having conferred upon them the 
power to levy this tax, even if the objections had as a matter of 
fact been well founded, we could not hold that a court of equity 
has the power to grant relief. 

The decree of the Circuit Court must be affirmed. 



192 TEACHERS. 



TEACHERS. 

It is eequieed of Teachers who apply to teach a district 
school, that they exhibit to the Directors, before their employment 
by the Board, a certificate of qualification obtained from the 
School Commissioner of the county in which they propose to 
teach. Failing to comply with this plain requirement of the Law, 
Teachers are not legally entitled to any portion of the public 
moneys, as compensation for their services. Decisions upon this 
subject from the Department and the Supreme Court are sub- 
joined: 

The provisions of the statute in relation to Teachers' certi- 
ficates are found in section 52, which is as follows: 

" No Teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the control of any Board of Directors of 
any scliool district in this State, who shall not, before his employ- 
ment, exhibit to said Board, or to a committee of said Board, a 
certificate of qualification obtained under the provisions of this 
act ; nor shall any Teacher be paid any j^ortiou of the school or 
public fund aforesaid, unless he shall have kept and furnished 
schedules as herein directed." 

This language is clear, explicit, and perem^jtory. It forbids 
any Board of Directors to employ a Teacher until he exhibits his 
certificate. A school taught by a j^erson who has not the proper 
certificate, is not " conducted according to law" — is not a public 
school within the meaning of the Act. The school law, one of 
its essential requirements not having been complied with, does 
not recognize such a school. The school funds cannot be used 
for the support of the school in such a case. The Teacher must 
look elsewhere for his wages. He has no recourse upon the 
school fund. As to the question of the personal liability of the 
Directors in such cases, there is a diiference of opinion among 
legal men. I do not undertake to decide it. Teachers should 
not rely upon recovery in that way. 

But the section quoted goes further. It not only forbids the 
employment of Teachers who have not valid certificates at the 
time of being so employed, but peremptorily forbids the jyayment 
of Teachers so employed out of " the common school or town- 
ship, or other public fund." Should a Teacher be permitted to 



TEACHERS. 193 

close bis schedule without complying with the provision of law 
under review, it is manifest that the Directors cannot certify 
said schedule in the prescribed form ; for the law requires them 
(Sec. 53) to declare, in express terms, that the "Teacher has a 
legal certificate of good moral character and of qualifications to 
teach a common school," and that the school ." loas conducted 
according to law." No schedule is legal or valid, nor can a 
township Treasurer accept or in any manner^-ecognize or pay a 
schedule, in which the above facts are not expressly set forth in 
the certificate of the Directors. But how can the Dh-ectors aflirm 
that the Teacher has a certificate, when they either do not knoio 
that he has, or do know that he has not f Or, how can they 
assert that the school was " conducted according to law," when 
they know that unless the Teacher has a legal certificate his 
school cannot be conducted according to law? 

But if the Directors should, either in ignorance or in deliberate 
violation of the law and of truth, venture to certify the schedule, 
in the case supposed, it would, nevertheless, be the duty of the 
Treasurer to refuse payment, provided he was formally and oiH- 
cially apprised of the facts in the case. • For, although a Treas- 
urer can not, as a general rule, go behind the schedule and chal- 
lenge the truth of the Director's certificate, yet he is bound to do 
so in case of such manifest disregard or violation of law as the 
one under consideration ; j!?roy^V?e(:?, as before said, that he has 
positive and official information on the subject. 

The usual apology ofiered by Directors and Teachers in exten- 
uation of the conduct complained of is ignorojice of the law, or 
unintentional neglect. But it is manifest that neither of these 
pleas can be entertained for a moment in justification of the 
infraction of so express and mandatory a provision of law as that 
contained in the 52d section of the Act. In respect to the former, 
it may be said that even if we should waive the legal maxim that 
eveiy citizen is presumed to know the law, it would remain as a 
bar to the plea, that the section of law in question has not been 
changed in word or letter since the foundation of our present 
system of public instruction. The plea of neglect is worse than 
none at all. It is simply a confession that the law was violated 
willfully and without excuse, without even the pretence of igno- 
rance. But such pretexts are too frivolous for serious argument. 

In aU cases, therefore, embraced in the inquiries to which these 
remarks ai'e intended as a reply, it will be proper for the School 
Commissioner to notify the Treasurer concerned, in writing, not 
to pay any portion of the school fund upon schedules of schools 
taught by persons not having legal certificates. Said notices 
should specify particularly the township, district and Teacher 
referred to, and the length of time during which the Teacher 
taught without a certificate ; the penal forfeiture applying, of 
course, only to such period of time. In like manner the School 
13 



194 , TEACHERS. 

Commissioner should apprise the Directors and Teachers con- 
cerned, of their action in the premises, and assure them that the 
forfeiture will cease as soon as the provisions of the law are com- 
plied with. — JBateman. 

The case following, which was decided by the Supreme Court, 
and is reported in vol. xv, 111. Rep., p. 65, establishes the main 
doctrine as held m the foregoing decision of the Department. 
The facts in this case were, simply, that the Teacher of a district 
school in Jefferson county, sued the Directors who employed her 
for the recovery of wages claimed for services rendered. The 
Teacher had entered into written contract with the inhabitants of 
the district ; had taught the school for the term and in the manner 
required by the contract; had kept a schedule, as required by 
law; and had delivered said schedule to the Directors in due 
time, who refused to examine and certify it. The case was 
decided in the Circuit Coxu't against the Teacher, and being 
appealed to the Supreme Court, the judgment was affirmed. The 
opinion of the Court here follows : 

This was an action on the case, brought by Casey against the 
Directors of a school district. The declaration alleged that the 
plaintiff entered into a written contract with the inhabitants of 
the district, to teach a common school for one quarter, and to 
receive in payment the school funds belonging to the district; 
that "the plaintiff being then and there legally qualified to teach 
said school, and no objection being made thereto, in writing or 
otherwise, by the Directors of said district, or by the subscribers 
to the contract as aforesaid, of which they, the said defendants, 
being then and there the School Directors of said district, had 
notice ;" that the plaintiff taught the school according to the 
terms of the contract, and the j^rovisions of the statute in such 
ease made and provided ; that at the expiration of the quarter 
she made out a schedule, for the purpose of receiving the school 
funds belonging to the district, and presented the same to the 
defendants to be examined and certified by them ; that there was 
then on hand a sum of money belonging to the district sufficient 
to discharge the amount due her for teaching the school ; 
and that the defendants wholly refused to examine and certify 
the schedule. The Court sustained a demurrer to the declara- 
tion. 

The 13th and 46th sections of the " Act to establish and main- 
tain Common Schools," passed on the 12th of February, 1849, 
define the qualifications of Teachers, and prescribe the manner in 
which those qualifications shall be ascertained ; and the V6th 



' TEACHERS. 195 

section* provides, that " no Teacher shall be entitled to any por- 
tion of the .common school or township fund, who shall not, before 
his employment, exhibit to the school directors of the district ia 
which he proposes to teach, a certificate of qualification obtained 
under the provisions of section 13 or section 46 hereof." To 
entitle himself to any portion of the school funds, a Teacher must 
obtain the requisite certificate of qualification. And the certifi- 
cate must be presented to the school Du'ectors before the com- 
mencement of the school. This is the express requu-ement of 
the statute. The Directors are not bound to examine and certify 
the schedule of a Teacher who fails to comply with this requisi- 
tion. Such Teacher must look exclusively to the subscribers for 
compensation. In this case the declaration is clearly defective. 
It fails to show that the Directors are guilty of any breach of 
duty. It contains no averment that the plaintiff procured a certi- 
ficate of qualification and exhibited it to the Directors prior to 
the commencement of the school. This requirement of the 
statute is a condition precedent, and its performance ought to be 
distinctly alleged in the declaration. The general allegation that 
the plaintifi" was legally qualified to teach the school, is not suffi- 
cient. The judgment is affirmed. 

The following quotations are made from the decision of the 
Supreme Court, in case of Smith vs. Curry et al., involving the 
same princij)le, and reported in 16 HI., p. 147. The facts in this 
case are very similar to those in the case preceding. The Teacher 
(Martha Smith) had taught a school in Brown county from the 
9th to 27th of September, 1852 ; was in possession of a certificate 
of qualification from the School Commissioner of said county; 
kept a schedule according to law, and on the 28th of September, 
1852, presented it to the Directors of the district in which said 
school had been taught ; but the Directors refused to certify and 
sign the said schedule. Suit was brought by the Teacher against 
said Directors in the Circuit Court of Brown county, and the 
case was tried before a jury, the verdict being found for the plain- 
tiff. Motion was made by defendants for arrest of judgment, 
which motion was sustained by the court, and judgment rendered 
in favoL of defendants for costs. The case was brought on appeal 
to the Supreme Court, and the judgment of the court below sus- 
taining the motion for arrest of judgment, was affirmed. In their 
opinion, the court say : 

* It -n-as the 75th Section of the Law of 1849, and not the IGth, that con- 
tained tills provision. The same provision, substantially preserved, is found in 
Section 52 of the present Law. 



196 TEACHERS. 

Section 76 of the " Act to establish and maintain Common 
Schools," passed on the 12th of February, 1849, provides that 
" no Teacher shall be entitled to any portion of the Common 
School or township fund, who shall not, before his employment, 
exhibit to the school Directors of the distiict in which he pro- 
j)oses to teach a school, a certificate of qualification obtained 
mider the provisions of section 13 and section 46 hereof," In 
the case of Casey vs. Baldridc/e, 15 111., p. 65, which arose under 
that Act, this court decided that school Directors were not bound 
to examine and certify the schedule of a Teacher who did not 
obtain the requisite certificate of qualification, and present the 
same to the Directors before the commencement of the school. 
That was an action brought by a Teacher against the school 
Directors ; and the declaration was held to be fatally defective, 
because it contained no averment that the certificate was exhibited 
to the Directors prior to the commencement of the school. It 
was said : " This requirement of the statute is a condition prece- 
dent, and its performance ought to be distinctly alleged in the 
declaration. The declaration in this case is equally obnoxious to 
the same objection. It is not averred therein, nor is it necessarily 
or fairly inferable from any of its allegations, that the certificate 
of qualification was presented to the defendants before the school 
commenced. If it was not so presented, the plaintiff is expressly 
prohibited from receiving any portion of the school fund of the 
township, and the defendants were not guilty of any breach of 
duty in refusing to examine and certify her schedule. Nor was 
this defect in the declaration cured by the verdict. After verdict, 
it maybe intended that every essentia fact alleged in the declara- 
tion, or fairly to be implied from what is alleged, was established 
on the trial; but where the declar;ition fails to show that the 
plaintifi" has a cause of action, there is no room for intendment 
or presumption. The judgment sustaining the motion in arrest 
must be affirmed. 

Teachers should be careful to reneio their certificates of quali- 
fication, when they expire during school term. The renewal of 
certificates is a matter of not less importance to Teachers than 
their first j^rocurement. It sometimes occurs that a certificate, ' 
valid and approved at the commencement of a school term of six 
months, expires by limitation before the completion of the term, 
being voided and remaining unrenewed. It is important to know 
what efiect the invalidation of the certificate will have upon the 
Teacher and the school, and the probable legal consequences that 
may be anticipated. 

As to the school, it is essentially required that it be " conducted 
according to law." But it has been decided and re-affirmed that 



TEACHERS. 197 

a school taught by a person having no certificate is not conducted 
according to law — " is not a public school, within the meaning of 
the Act." Then the disfranchisement of the school follows, since 
none but a "public school," a school " conducted according to 
law," can share in the semi-annual dividends ; and the district in 
which such school is taught is liable to suffer the deprivation of 
its most material pecuniary support. But how would this dis- 
franchisement follow as a possible consequence of the non-renewal 
of the Teacher's license. The Law governing the apportionment 
of the public fund to school districts disallows the claims of any 
in which a legal school has not been kept for six months during 
the school year for which such apportionment is made. But a 
school can not be a legal school unless it has been legally kept. 
It can not have been legally kept, if for one-half the term, it was 
taught by one whom the Law does not recognize as a Teacher. 
From the very day of the expiration of his license he ceased to 
be a Teacher, in the view of the Law. From that day the Law 
will no sooner recognize his character or his claims (as to the 
legality of his school) than the character and claims of any other 
unlicensed person who might stand in his place. If it be sug- 
gested that the Teacher has certain contract rights which the 
Law will respect, I only say, now, that it is the legal and not the 
contract relation which the Teacher holds to the school which is 
now being considered ; to the latter I will come presently. The 
legality of the school depends essentially xipon the legal qualifica- 
tion of the Teacher. That legal qualification implies the posses- 
sion of a license to teach. So soon, therefore, as he becomes 
dispossessed of that license by the expiration of its tenure, he is 
divested of all legal qualification as a Teacher; and as long 
thereafter as he teaches he teaches illegally, and a school thus 
illegally taught would neither be adjudged a legal school nor a 
legitimate claimant upon the public fund. The fact that the con- 
tingency might have been avoided ; that the law anticipated and 
provided against it, by authorizing a renewal of the license ; that 
such renewal was not obtained, or even asked for, — would seem 
to render the Teacher excuseless, and implicate him princijDally 
in a wrong from which many would sufier. 

As to the Teacher, the neglect or refusal to obtain a renewal of 
his license might be followed by serious consequences. It may 
be presumed that, like another, he has " respect unto the recom- 



198 TEACHERS. 

pense of reward." It is too true, also, that, like Moses, his 
expectations are sustained principally " by faith" — accepting the 
Pauline definition of this buoyant grace, as the " substance of 
things hoped for, the evidence of things not seen." It is of some 
importance to know how the Teacher's wages would probably be 
affected by the expiration and non-renewal of his license in the 
midst of school term. Wages depend upon contract, it is true ; 
but then contract depends upon law. If the law, with respect to 
certain contracts, sj)ecifies certain conditions upon which they 
must be based, a non-observance of these conditions vitiates the 
contract. The law specifies to the Teacher, as a condition pre- 
cedent to contracting with Directors, that he shall exhibit a certi- 
ficate of qualification. If a contract be formed in disregard of 
that condition, it is invalid, and the Teacher can not recover 
under it. Again, when a contract has been legally entered into, 
and ratified, if either party incaj)acitates himself for the perform- 
ance of the stipulated service, such incapacity will release the 
other party from the obligations of the contract. (See Freem,an''s 
Digest, vol. i, p. 507.) If a Teacher exhibits to his employers a 
certificate of qualification before he is engaged to teach, and 
enters into contract to teach a six months legal school, and at the 
end of three months incapacitates himself to teach a legal school 
longer (which he does by failing to renew his certificate), his 
employers are released from the obligations of the contract. 

But let us turn to the School Law. Section 53 requires the 
Teacher to complete his schedule as soon as may be after the 
close of his school, and to deliver it to the Directors, who shall 
certify to its correctness (if upon examination it is found correct), 
and also that the Teacher " is in possession of a certificate of 
qualification," etc. Money can not be paid out upon a schedule 
till it be filed. It can not be filed till it be certified to. Can it 
be certified to under such circumstances ? Can the Directors 
certify that such Teacher is in possession of a certificate when he 
is not in possession of a certificate ? But if the Directors should 
ignore or defy the law, and attach their oflScial certificate to the 
schedule, would this secure its payment? Not certainly; for if 
the Treasurer be apprised of the facts, and discharge his duty, 
he will withhold payment, at least until a legal investigation shall 
be had and the decision of the court shall further instruct him; 
and it is confidently believed that such decisioji would be adverse 



TEACHERS. 199 

to. the claims of the Teacher and fatal to the recovery of his 
wages. 

Assistant Teachers must have certificates of qualification. The 
authority conferred upon and exercised by a Teacher is of the 
nature of a license. A license is simply the legal permission to 
do something which, without such permission, it would be unlaw- 
ful to do. In conferring license upon one to teach^ the State 
gives such person permission to do that, which, without such per- 
mission, it is unlawful to do. For the very reason that this is the 
Laxo, it would be as unlawful for one to teach in this State (as a 
common school Teacher) without a license, as it would be for 
him to plead in the courts, or vend merchandise, or do any thing 
else that is not to be done without license. 

Teachers, while in the employment of a Board of Directors, ' 
are entii-ely subject to their control, so far as the subject of studies 
to be pursued in the schools is concerned. The Law confers 
power and authority iipou Directors to direct what branches may 
be taught, and to " make all necessary rules and regulations" for 
the government of the school. 

The whole subject of studies and text-books is left to the dis- 
cretion of the Directors, who alone have power to jjrescribe what 
branches shall be taught. The Teacher must conform to the 
rules and regulations established by the Board of Directors, If 
the latter direct that algebra, or any other particular subject, 
shall be taught, the foniier must teach it — he has no option in the 
premises. If the teaching of that or any other branch is forbidden 
by the Directors, the Teacher must be governed by his instruc- 
tions. — Bateman. 

In case of accident, (as of the burning of a school house,) or 
of the prevalence of a contagion in the neighborhood, by which 
the school is temporarily suspended, the Teacher is entitled 
to his wages under the contract, as if no interruption of 
the school had occurred ; provided, he hold himself constantly 
ready to obey the orders of the Directors, and does not forfeit 
his claim by removal from the vicinity. The following decision 
of the Department was given in a case where the school house 
had been destroyed by fire. The Teacher had contracted to teach 
six months. Before the term closed, the accident occurred. The 
Teacher did not ask, nor the Directors propose a release of the 
former from the contract. The Teacher resumed his work in the 



260 TEACHERS. 

school after six weeks of suspension, and completed the term, in 
six months from the date of the contract, claiming wages as if no 
interruption had occurred. In this case, my predecessor gave 
the following opinion : 

In covenanting with the Teacher for six months, the Directors 
vu-tually agreed to provide a house and keep him employed. The 
contract was not conditioned upon contingencies, but was clear 
and definite. After the house was biu-nt, the Teacher, one 
of the contracting jjarties, still felt bound by his agreement, 
and stood ready and waiting to comply with its conditions. He 
did not ash for a release — the Directors did x^ot propose a release, 
or express any desire for it, or suggest any modification of the 
contract. And so the Teacher waited, for six weeks, regarding 
himself all the while as bound by the original agreement, and 
debarred the liberty of seeking employment elsewhere. 

If, after the disaster to the house, the parties had agreed to 
cancel or modify the contract ; or if the Teacher had sought and 
obtained other employment, he could not, in that case, have 
claimed of the Dh'ectors the fulfillment of the contract according 
to its original provisions. As it is, the case is clear — the Teacher 
has legal recourse ixpon the Directors for his wages for the whole 
six months. — Bateman. 

Regulae schedules must be kept by Teachers for all pupils 
resident in the district, and separate schedules for non-resident 
pupils, and persons over twenty-one attending school. 

Schedules, as soon as completed, must be delivered to one of 
the Directors. Neglect here may work a forfeiture of wages. 

It is the duty of the Teacher, as soon as his schedule is com- 
pleted, to " deliver it to some one of the Directors." If he neg- 
lects this duty till his schedule is forfeited by limitation, he has 
no redress. 

Unless otherwise agreed between the parties, and specified in 
the contract, Teachers will be required to teach but twenty days 
for a school month. The doctrine enunciated in the following 
decision of the Department is held to be the true one, and just to 
aU concerned : 

1. The lunar month, or four weeks, shall be considered the 
true common school month in this State. 

2. At least twenty days shall be taught for a month; sixty 
days for three months ; one hundred and twenty days for six 
months, etc. 



TEACHERS. 201 

3. Directors may contract with Teachers on the calendar instead 
of the lunar month principle, and such contracts, previously- 
made, shall be valid and binding upon both parties ; but less than 
twenty teaching days shall not be considered a lawful school 
month. 

4. In the absence of any special agreement or contract between 
Directors and Teacher, as above, the lunar month of twenty 
teaching days shall be adopted as the true basis of settlement, and 
shall be accepted, held, and construed by Directors, Trustees, 
Treasurers, and others, as satisfying the demands of the law. 

The number of teaching days in a calendar month is between 
one and two days more than in a lunar month ; there being in the 
latter just twenty teaching days, and in the former between 
twenty-one and twenty-two days. The difference in a school of 
six months is about ten days. Directors undoubtedly have the 
right to stipulate with Teachers on the calendar month principle 
if they think proper ; and if Teachers voluntarily enter into such 
an agreement they are morally and legally bound by it. But it 
very often happens that nothing is said on the subject by either 
party until the school closes, when a difference of opinion is found 
to exist, leading to endless confusion and strife. It is to provide 
a uniform rule and to avoid trouble in such cases that this decision 
is made. — Batenian. 

In reply to the question : " How many hours per day is a 
Teacher required to teach ?" the following was returned : 

There is no authority conferred upon this department to deter- 
mine the question. The School Law confers upon the Directors of 
each district the power to make such "rules and regulations" as 
they deem necessary for the well-being of the school. The power 
to fix the number of hours per day a school shall be kept open is 
therefore conferred upon school Directors under the head of 
" rules and regulations." It may, however, be added as a matter 
of opinion, that no Teacher should be required to teach more than 
six hours a day. — Powell. 

The Law is silent on the subject of corporal punishment in 
schools. It neither grants nor withholds authority to inflict it. 
The whole subject is left to the judgment and discretion of the 
local school authorities, and to the sanction of general usage and 
custom. 

That the Teacher must be clothed with authority to use the rod 
in certain cases, is self-evident. It grows out of the very nature 
of the case, and of his relations to his pupils. The prudent exer- 
cise of such authority, is acquiesced in by the opinions and prac- 
tice of the whole country, and is almost invariably sustained by 
the courts ; on the ground, not of statutory enactments, but of 



202 TEACHERS. 

common custom, common sense, common justice, and the nature 
and necessity of the case. 

It is only the flagrant abuse of the admitted right, which either 
society or the law is disposed to frown upon and condemn. — 
JBateman. 

Upon" the subject of the right of the Teacher to receive interest 
on money due him as wages, the following decision has been 
promulgated by the Department: 

Under the 2d section of the general laws of the State (Rev. 
Stat., page 294,) regulating interest, Treasurers of townships 
should pay six per cent, per annum interest on schedules that 
have been regularly filed by the Directors before the time fixed 
for the semi-annual distribution of the school funds, and which, 
for any reason, can not be paid out of such distribution — the inter- 
est to be computed from the time fixed for such distribution. A 
schedule thus certified is undoubtedly a liquidated account, and, 
in contemplation of law and the contract between the Directors 
and the Teacher, should be at the time provided by law for the 
distribution of school funds, unless they otherwise agree or con- 
tract. If, for any reason, the amount appearing by the schedule 
to be due can not then be paid, it is just and equitable, and, as I 
think, within the letter as well as the spirit of the law regulating 
interest, that interest should be paid after that date. The Direct- 
ors who make the contract with the Teacher have the power to 
provide the means of payment, and are supposed to contract with 
reference to the means to be at their disposal at the time when, 
by the contract, the Teacher should be paid. If they have been 
negligent in providing the means, or if there has been default in 
collecting, or if from any other cause they are unable to pay at 
the proper time, they stand, in their corporate capacity, like other 
debtors, and should pay interest. Their liability, however, is a 
corporate liability, and not a personal liability ; and the interest 
should be paid, with the principal, out of the funds belonging to 
the district. — JBateman. 

The usual holidays, and during which schools may be dis- 
missed, are, Christmas and New Year's days. Independence day, 
and all Thanksgivmg and Fast days appointed by the national or 
State authorities. The following questions and answers upon 
this subject, taken from the correspondence of the Superintendent's 
office, are submitted : 

1. Have school Directors the right or power to allow Teachers 
to close schools during the holidays, and count the time as being 
taught ; or, in other words, give Teachers said time ? 



TEACHEES. 203 

2. Is it customary generally, or among our best schools, for 
Directors to give Teachers the holidays ? and do you think it 
j^roper and right that they should do so ? 

3. What number of days is regarded as the holidays, or is 
generally given as above, — the tioo days simj)ly, Christmas and 
New Year, or the whole week inclusive ? 

1. In the absence of statute law upon the subject of holidays, 
we are governed by the law of custom. It is usual, I think, to 
dismiss school during the holidays. Public opinion sanctions the 
custom, and its observance is becoming more general every year. 
In so far as Directors conform to the custom, and agree that the 
school shall be closed, they should " count the time as being 
taught ;" or, in other words, they should reckon the Teacher's 
time precisely as if the school had not been dismissed. 

2. The custom prevails doubtless " among our best schools ;" 
and as its observance affords opportunity for mental relaxation to 
Teachers and pupils, and at a time, too, when the mind is so far 
diverted by the festivities incident to the season as to be disin- 
clined to study and application, I do not hesitate to approve it. 

3. The holiday season referred to embraces the entire week, 
including Christmas and New Year's days. 

Have Dii-ectors the right to allow Teachers to suspend their 
schools during the Christmas holidays, and to continue their 
wages for this time? Is such usage customary in our graded 
schools ? 

The Directors have such a right, and the exercise of it is both 
customary and commendable. The authority to exercise such a 
discretion is held to be clearly implied in the general powers con- 
ferred upon Directors in Section 48. — Bateman. 



204 PUPILS. 



PUPILS. 

All persons between the ages of five and twenty-one years 
are entitled to admission into the public schools in the distftct 
where they reside. 

Only those who are over five and under twenty-one years of 
age, are legally eligible to the public schools, under the general 
act. The Directors are unquestionably authorized to exclude all 
who are either older or younger than the prescribed limits. Per- 
sons over twenty-one may be admitted, with the consent of the 
Directors, on payment of such tuition fee as the board shall pre- 
scribe ; but they cannot claim such admission as a legal right, nor 
being admitted, can they demand the privilege of attending free. 
The restrictions of the general law as to age, etc., do not apply 
to cities and incorporated towns whose schools are organized 
under special acts or ordinances. — Hateman. 

The QUESTION" of residence is thus treated of in an official cir- 
cular issued from this Department : 

Residence, or domicil, is a "fixed and permanent abode or 
dwelling-place for the time being, as distinguished from a mere 
temporary locality of existence." 

To acquire a domicil, two things are essential : there must be 
the fact of residence in a particular place, and the intention — the 
voluntary purpose — to make that place a permanent abode. 
■ To retain a domicil when acquired, actual residence is not indis- 
pensable. It is retained by the absence of intention to remove. 
Nor does the intention to remove change the domicil unless carried 
into efiect. The intention and the act must go together. A resi- 
dence once gained remains till a new one is legally acquired. The 
theory of the law is, that every one must have a residence some- 
where, and that no one can have more than one domicil at one 
and the same time. 

Where a man divides his time between his place of business 
and his dwelling-house, the place of the latter determines his 
domicil. If he owns more than one dwelling-house, the one in 
which he sleeps is his legal residence. If the dwelling-house is 
partly in one district and partly in another, the occupant must be 
deemed a resident of the district in which he usually sleeps, if 
that can be determined. 



PUPILS. 205 

The qiiestion of domicil has been largely discussed in the 
courts, and is one of no small diiEculty. Cases may arise' to 
which no rule of the legislature or the com't will exactly apply. 

The commonly accepted legal maxhns concerning domicU, as 
condensed by Hon. V. M. Rice, of New York, from Judge Story's 
" Conflict of Laws," chap. 3, are as follows. The statement is 
more comjjrehensive than is required by the scope and purpose 
of these notes ; but, as it forms the basis of the remarks to follow, 
and embodies much useful information not often found in so brief 
a compass, it is given in full : 

1. " The place of birth of a person is considered as his domi- 
cil, if it be at the time the domicil of his parents. This is called 
the domicil of nativity. But if his parents are on a visit or on a 
journey, the home of the parents will be deemed his domicil. 

2. The domicil of birth continues until he has acquired a new 
domicil. 

3. A minor is generally deemed incapable of changing his 
domicil ; but if the parent changes his domicil, that of the minor 
follows it. If the father dies, his last domicil continues that of 
his minor children. This rule is subject to qualification if the 
minor has been emancipated from parental control, or adopted 
into a new faiuily. 

4. A married woman follows the domicil of her husband. 

5. A widow retains the domicil of her deceased husband until 
she acquires another. 

6. Prima facie, the place where a person lives is deemed his 
domicil. 

V. Every person, of full age having a right to change his dom- 
icil, if he removes to another place with an intention of making 
it his permanent residence, that immediately becomes his dom- 
icil. 

8. If a person removes to another place with an intention of 
remaining there for an indefinite time, and as a present domicil, 
it becomes his domicil, notwithstanding he may entertain a float- 
ing intention to return at some future period. 

9. The place where a married man's family, resides is gene- 
rally deemed his domicil, but not if it be a merely temporary 
establishment, 

10. If a married man has his family in one place and his busi- 
ness in another, the former is deemed his domicil. 

11. If a married man has two places of residence at difierent 
times of the year, that will be esteemed his domicil which he 
himself selects or deems his home, or which appears to be the 
center of his afiairs, or where he votes or exercises the rights and 
duties of a citizen. 

12. If a man is unmarried, that is generally deemed his dom- 
icil where he transacts his business, exercises his profession, or 



206 PUPILS. 

assumes the duties or privileges of a citizen. But this rule is 
subject to qualification. 

13. Residence, to produce a change of doraicil, must be volun- 
tary, not by imprisonment, etc. 

14. Mere intention to remove, without the fact of removal, 
will not change the domicil ; nor will the fact of removal without 
intention. They must go together. 

15. A domicil, once acquired, remains until a new one is 
acquired." 

It remains briefly to apply these principles, for the practical 
guidance of school Directors and others concerned. 

(1.) ISTone but legal residents of a district are entitled to free 
instruction in the public schools of said district. 

(2.) As a general rule, the residence of the parents is the 
residence of their children. 

(3.) Boarding children in a different district from that in 
which the parents reside does not, of itself, entitle them to the 
benefits of the free school in said district. 

(4.) The mere temi:>orary residence of a family in a district, 
in order solely to enjoy the benefits of the free schools and with 
the intention of removal as soon as that purpose is accomplished, 
does not entitle the children to the privileges of said schools. 

(5.) The. removal of a portion of a family from the legal dom- 
icU to another district, in order to send to the free schools thereof, 
does not confer the right to do so. 

(6.) As a general rule, the residence of their parents is the 
residence of employes : hence the privilege of the free school in 
another district is not acquired by j)lacing children temporarily 
at service in that district, with the sole object of sending them 
to school. This includes those who are placed in families to 
attend school and do chore-work for their board, etc. The most 
liberal policy is, however, recommended toward this class of 
children. The state has as much interest in their education as in 
that of the more favored ; and, although not legally eligible to 
attend free, the Directors should permit them to do so, when not 
inconsistent with the rights of others and the welfare of the 
school. 

(7.) Children who have been apprenticed, or adopted into a 
new family ; or who have been placed permanently in the care of 
others, with no intension of withdrawal ; or those over whom 
parents have relinquished all control from whatever cause; or 
those who have no parents or guardians, or whose parents or 
guardians live in another state or country and exercise no control 
over their children ; or those who have no permanent abode, but 
go from place to place in search of employment, and whose only 
home is where they find work;— the children included in all the 
above classes are to be enumerated in the district where they live, 



PUPILS. 20'? 

and are entitled to all the rights and benefits of the free schools 
in said district. — Bateman. 

]Srox-iiESiDE>rT pupils can only be admitted to school upon the 
written consent of the Directors of the district in which they 
reside, and the Directors of the district in which they desire to 
attend school. 

Childee^st under five years of age cannot be admitted to school 
at all. Persons over twenty-one years of age may be admitted, 
if the Directors please, by paying a tuition fee. 

Pupils are held to be under the control and authority of the 
Teacher while in the school or upon the school premises. 

Pupils may be suspended or expelled by the Directors for 
incorrigibly bad conduct. They may also be suspended from 
school temporarily for sanitary reasons. 

Dismissal from school is usually resorted to as a punishment 
for grave and obstinate offences. When the moral depravity of 
a child becomes so great that his example is dangerous to the 
pnrity of the school, or when his insubordination is so bold and 
incorrigible as to be fatal to the discipline of the school, duty to 
the other scholars demands his removal. He has ff)rfeited his 
claim to the benefits of the school; he can no longer enjoy those 
benefits without infringing the moral rights of others, and justice 
demands his exclusion. He has no longer any right to remain, 
for no rights can attach to the individual, the exercise of which 
is incompatible with the equal rights of others. 

This principle has important applications. It justifies and even 
requires the removal of a pupil from school, in certain cases, 
when no offence has been committed. It teaches clearly that 
punishment for evil doing is not the only ground upon which dis- 
missal from school can be justified — that protection from evils 
which, though serious, imply no wrong in the parties concerned, 
is sometimes an equally valid gromid for the temporary removal 
of a pupil from school. 

In the light of these views it is perfectly clear that Directors 
may and should exclude from school, for the time being, pupils 
infected with offensive and contagious diseases. Not for any fixult 
or wrong on their part, but simply because their presence under 
the circumstances is incompatible with the safety and comfort of 
others. Their personal rights in the common school are for the 
time in abeyance — they must be surrendered till VaQj can again 
be exercised without infringing the equal rights of others. 

In the language of another : " The right to enjoy the benefit 
of common schools, established for all the inhabitants, is a com- 
mon, not an exclusive personal right ; then, like other common 



208 PUPILS. 

rights, that of way for instance, it must be exercised under such 
limitations and restrictions, that it shall not interfere with the 
equal and co-extensive rights of others. Take the case of conta- 
gious diseases : can it be doubted that the presence of a pupil 
infected could be lawfully prohibited, not for any fault, or crime, 
or wrong conduct, but simply because his attempt to insist on his 
right to attend, under such circumstances, would be dangerous 
and noxious, and so an interruption of the equal and common 
right." {Vide 8 Cush. Mass. R., 164.) — Bateman. 

The eights and duties of pujails in common schools are thus 
summed up in an article issued from this Department : 

(1.) Pupils can study no branch which is noiin the course 
prescribed by the Directors. 

(2.) Pupils can study no branch of such prescribed course for 
which they are not prepared ; of which preparation the Teachers 
and Directors shall judge. 

(3.) Pupils shall stvidy the particular branches of the pre- 
scribed course which the Teachers, with consent of the Direct- 
ors, shall direct, unless honest objection is made by the parents. 

(4.) If objection is made in good faith, ]3arents shall be allowed 
to select from the particular branches of the prescribed course for 
which their children are fitted, those which they wish them to 
study ; and for the exercise of such right of choice the children 
shall not be liable to suspension or expulsion. 

(5.) If the aforesaid liberty of choice is sought to be exercised 
with the avowed or palpable design of thwarting the Teacher and 
Directors and maliciously disturbing the school, it may be with- 
held, and the children be comj)elled to study the branches chosen 
by the Teacher and Directors, or leave the school. — Bateman. 



SCHOOL HOUSES. 209 



SCHOOLS— HOUSES— SITES. 

The number of schools to be established in a district is not 
fixed by the Law, the only indication being found in the following 
words of the 48^^ Section: "They [Directors] shall establish and 
keep in operation a sufficient number of free schools for all the 
children of the district." 

Neglect to provide a " sufficient number of schools for all the 
children of the district," is punishable under Sec. 76. 

The LEGAii TEEM of school is definitely prescribed. Directors 
being obliged to keep schools in operation for at least six months 
in every school year ; otherwise, the district cannot share in the 
semi-annual distribution. 

Schools must be kept open at least six months during each 
school year, but schools must not necOssarily be kept open for six 
months in one continuous term. It is only required that the num- 
ber of months dm-ing which schools are kept open in the year 
shall be equal to the minimum time expressed in the Law, wheth- 
er the months of the term occur consecutively or otherwise. 

To cojfTiNUE a school for more than six months in any school 
year, it is necessary to obtain the consent of a majority of the 
voters in the district, if in continuing said school it he necessary 
to levy a tax ; but if there be funds on hand sufficient to pay the 
expenses of conflnuance, no vote of the people is necessary. 

DiEBCTOES must provide for the teaching of the elementary 
branches. None of those studies specified in the form of certi- 
ficate given in Section 50 can be omitted. The higher branches 
may also be taught, if Directors please. 

Geaded SCHOOLS should be established wherever practicable. 
For this purpose two or more districts may unite. Ungraded or 
unmixed schools are necessarily imperfect, and far less useful 
than graded schools, and should only be tolerated while the cir- 
cumstances of the district render grading impossible. 
14 



210 SCHOOL HOUSES. 

Schools in incorporated towns and cities are under the exclu- 
sive control of the local Boards, and are subject only to such 
rules and regulations as the Boards may prescribe, under their 
respective charters. 

No SCHOOL house can be built in any district without the con- 
sent of a majority of the people thereof; nor can a school house 
be removed without a vote of the people. 

The people of a district may vote an appropriation of any 
amount of money to build a school house, at any election held for 
the purpose ; but a tax cannot be levied by the Directors in any 
one year to exceed two per cent, of the taxable property of the 
district. Where the amount appropriated exceeds the above per 
cent., the tax must be continued from year to year till the neces- 
sary amount is raised. 

"When a district is divided, the separated portion is entitled 
to its equitable share of all the property belonging to the district 
as it existed before division, said share to be determined by the 
Trustees immediately after the division, the property being ap- 
praised at its value, as estimated at the time of division. 

When districts are consolidated, the property of the several 
districts uniting becomes the property of the consolidated dis- 
trict. 

The following article is quoted from the decisions of the De- 
partment concerning the use of school houses: 

By Sec. 39 of the general act, the supervision and control of 
public school houses is vested exclusively in the respective Boards 
of school Directors. It is a part of their duty to see that the 
school houses, grounds and appurtenances belonging to their 
respective districts are kept in good repair^ and in a suitable con- 
dition at all times for the uses to which they are <by law devoted. 
The guardianship and control of the Directors over the school 
houses and other property of the district is exclusive ; it cannot 
lawfully be delegated by them to others, nor can they be inter- 
fered with in the exercise of such control. No school house can 
be used or occupied by any Teacher or other person or persons 
without the knowledge and consent of the Directors. -It is not 
in the power of the citizens of the district, individually or collect- 
ively, by committees or resolutions, to deprive the Directors of 
their authority in the premises, or to dictate to them the manner 
in which that authority shall be exercised. They alone are by 
law responsible, and their discretion and control are and must 
be commensurate with their responsibility. The citizens may of 



SCHOOL HOUSES. 211 

course petition or remonstrate for or against a particular use of 
the house; but the Directors, under the law, must decide. They 
are the legally chosen representatives of the district, to whom, as 
such, all questions relating to the use of the district projDerty 
must be referred. 

But the Dii-ectors themselves are invested with the supervision 
and control of school houses for the purposes contemplated hy 
law ; and the next important question is. What are the uses to 
which public school houses, erected by taxation under state 
authority, may of legal right be devoted ? Viewed in this strictly 
legal sense, the proper answer to this question can not be doubt- 
ful. School houses are built for purely educational purposes, and 
they can not of legal right be employed for any other. By edu- 
cational purposes are meant those of instruction, of district and 
school meetings, school elections, etc. ; in a word, all purposes 
directly relating to schools, and no others. 

While there can be no doubt that the courts would sustain the 
foregoing opinion if the point were adjudicated upon purely legal 
principles, yet I desire to express my approval of the time-honored 
custom which kindly alloios the use of district school houses for 
religious and kindred worthy purposes. Such use, especially in 
sparsely-settled portions of the country, subserves the public con- 
venience in an eminent degree, and should not, in my judgment, 
be denied excej)t for flagrant mismanagement or abuse. 

I am aware that the privilege is not unfrequently abused in a 
very wanton manner, and that the use of school houses for pur- 
poses not contemplated by law is even presumptuously demanded 
as a right, instead of being gratefully accepted as a favor. In- 
stances are not wanting where parties have availed themselves of 
the liberality of the Directors only to deface the building, break 
the fences, injure the furniture, mutilate the books, soil the floors, 
and commit even worse outrages, to the great disturbance of the 
school, and to the no small cost of the district. In such cases the 
duty of the Directors is clear : the ofionders should be expelled, 
and the doors peremptorily closed against them. 

The district can in no case be responsible for any expense 
incurred by parties using the school house, under favor of the 
Directors, for other than school purposes. No tax can be levied 
on the district to pay for the fuel, lights, etc., used by such parties. 
AU of such articles must be furnished and paid for by those who 
have the privilege of the house ; and all loss or damage caused 
by such use must in like manner be made good by those in charge 
of the house at the time such loss or damage is sustained. The 
Directors should require of all, as a condition of using or occupy- 
ing the house, that the building, floors, furniture, books, and other 
utensils and appurtenances, shall be left in as good condition as 
they were found, so that the school may sufier no hindrance or 
interruption, and the district be subjected to no expense. 



212 SCHOOL HOUSES. 

It is the abuse of the privilege that has caused nearly all the 
trouble. The Directors have often been requested, and even 
required, to allow the school to close before the regular hour, and 
in some instances to stand closed for several days together, in 
order to accommodate religious and other societies desiring to 
use the house for their meetings. It need hardly be said that 
Directors can not lawfully entertain such propositions, whether 
they come in the form of requests or demands. Any tax-payer 
of the district has a right to object to such a proceeding, and the 
law would sustain the objection. — JBateman. 

The SELECTION" of a school house site must be submitted to. the 
voters of the district, at an election held for that purpose. Di- 
rectors have no power to locate a school house, or change a 
school site, without a vote of the people. 

If the owner of land upon which a school site has been 
located refuses to convey the site chosen, another site must be 
selected. There is no provision of the Law by which a school 
site can be appropriated without the consent of the owner. 

School sites may be sold when found to be unsuitable, un- 
necessary, or inconvenient. The Trustees of the township are 
authorized to sell the property upon petition of the Directors. 



THE STAMP LAW. 218 



THE STAMP LAW. 

Frequent inquiries have been made of this Department, whether 
the stamp tax applies to official papers, instruments of writing, 
and legal documents, which school officers are required to exe- 
cute, in the course of their prescribed duties, under the School 
Law of this State. The opinion has been expressed by several, 
that the Excise Law contains an excepting clause, by which 
school documents are exempted from the government tax. It is 
important that this erroneous opinion be corrected. The law 
contains no such excepting clause, and school officers are as 
much bound by its requirements as any other parties. A neglect 
or refusal to obey the law in this respect will be followed by legal 
consequences as disastrous to school interests as dangerous to 
school officers. 

The Law provides that for non-stamping such legal papers as 
may issue from the hands of school officers and Teachers, " the 
instrument, document or paper" so issued and unstamped " shall 
be deemed invalid, and of no effect." A penalty of $50 is pre- 
scribed for non-compliance with the Law. The Law requires 
that stamps affixed to instruments of writing shall be canceled 
by the person using them, who " shall write thereupon the initials 
of his name, or deface the same in such manner as shall show 
clearly and distinctly that such stamp has been made use of, and 
so that the same may not agaia be used." It is customary upon 
placing the stamp upon the sheet to write upon the face of it the 
initials of the name, and figures representiag the day of the 
month, the number of the calendar month, and the year. Thus : 
"J. S.— 15— 2— 63;" John Smith, 15th day of second month, 
1863. The penal consequences following a neglect of this require- 
ment are the same as those incurred for non-stamping. 

All deeds or certificates of title, mortgages, bonds, notes, 
schedules, orders, certificates (as the certificates issued by school 
commissioners to Teachers, certificates appended to schedules by 
Teachers and Directors, certificates of election — in a word, all 



214 THE STAilP LAW. 

certificates, of every description) are subject to the operation of 
the stamp excise. The spirit of the Law seems to be that all 
instruments of writing which may or can be used as evidence 
before the courts in any manner whatever shall be stamped. The 
following list wUl be found useful for reference : 

INSTRUMENTS SUBJECT TO TAX. AM'T 07 lAX. 

Deeds with consideration of $100 to $500 50 

" " " $500 to $1,000 $1.00 

'» " " $1,000 to $2,500 2.00 

" " '^ $2,500 to $5,000 5.00 

" " '■'- $5,000 to $10,000 10.00 

" " " $10,000 to $20,000 20.00 

Mortgages, for every $200 or fractional part thereof. .10 

Bonds, of all kinds, each. _ .50 

Notes, upon every sum of $200 or fractional part tliereof, if payable on 

demand, or any time not exceeding 33 days from date or sight .01 

" payable in not less than 33 days, and not exceeding 63 days .02 

" payable in not less than 63 days, and not exceeding 93 days .03 

" payable in not less than 93 days, and not exceeding 4 months and 

grace .04 

" payable in not less than 4 months, and not exceeding 6 months and 

grace .06 

" exceeding 6 months and grace .10 

Orders, under $20 '. no stamp. 

" over $20, each 02 

Schedules, on each certificate belonging thereto .05 

Certificates (school) of all kinds, each .05 

Teachers' schedules must be twice stamped. A schedule is a 
complex instrument, parts of which are taxable, and a part untax- 
able. The schedule proj)er (which is simply a statistical journal 
of the school) requires no stamp. The certificates, without which 
the schedule can not be legally accredited, must each be stamped. 
I make no account of the order attached to the schedule, as thai 
is not recognized in the legal form prescribed in Section 53, and 
hence constitutes no part of the legal schedule. Whether it be 
best to attach the order to the schedule by printing or writing it 
upon the back of the instrument is a question involving considera- 
tions of convenience only and may be left to Directors. 

According to the instructions given to Teachers in a circular 
issued from this Department in February, 1863, schedules required 
but a single stamp of ten cents each, to be fixed u]3on the instru- 
ment by the Teacher. But by the recent changes in the stamp 



THE STAMP LAW. 215 

law, resulting fi-om the decisions of the Oommissioner of. Internal 
Revenue (which decisions have been embodied in the pubUshed 
amendments to the original law), a schedule now requu-es two 
stamps instead of one, said stamps to be affixed to the certificates 
contained in the schedule. Originally, miscellaneous certificates 
requu'ed each a stamp of ten cents ; but the tax on such papers 
has been reduced one-half, so that while the tax upon the sched- 
ule is still ten cents, as at first, the instrument now requires two 
stamps ; the first (five cents) being affixed by the Teacher to his 
certificate, and the second (five cents) by the Directors to their 
certificate. 

Written orders, issued by school officers, for the payment of any 
sum of money, require to be stamped when the amount exjjressed 
in the order is $20 or over. The law is that an " order for the 
payment of any sum of money exceeding |20, drawn upon any 
person or persons, at sight or on demand, [shall be stamped] two 
cents." 

All orders, wherever or however written, " for the payment of 
any sum of money exceeding $20," requke to be stamped. 



SCHOOL AECHITECTUEB. 2l7 



PABT III. 



SCHOOL ARCHITECTUEE. 

To JoHisr P. Bkooks, 

Superinteyident of Public Instruction: 

At your request, I have prepared several designs for School 
Houses, expressly for the work you are about to publish for gen- 
eral distribution throughout the State. 

I do not intend in these designs to present plans in themselves 
so minutely complete as to enable a builder to go on and build 
directly from them, for the reason that your work is not to be of a 
character suitable to admit of enlarged detail drawings, without 
whicli I should not be willing, as an Architect, to trust my designs 
to be executed by other persons at my risk. 

My object in presenting these designs and plans to the public 
is, to suggest ideas that may stimulate every school district to 
obtain suitable plans from some competent Architect, together 
with aU the requisite details that may be necessary to erect a 
building complete in itself with all its attending requisites. 

We are in a comparatively new portion of the country, when 
we consider that only thirty years ago the first public school was 
organized in Chicago, and for ten years thereafter the schools 
were taught in churches and such other places as could be readily 
obtained, and that only twenty years ago the first public school 
house was built in Chicago, on Madison street, and is now used 
for the same pui-pose. Our children are now instructed by teachers 
from older eastern communities, and the present adult portion of 
society does take, and must take upon itself the control and man- 
agement of all our educational interests, until the rising generation 



318 SCHOOL AUCHITECTITEE. 

has arrived at the proper and mature age, and become, as I hope 
an educated people. " Intelligence is a primary ingredient in the 
wealth of nations," and everything that tends to elevate or en- 
lighten the mind, should be done so far as it practically can be in 
all of om* school buildings. In every instance good, well qualified 
teachers should be selected, whilst the silent monitions of the 
school house should not be neglected. 

Now my theory is, that every school house should have the 
marks of civilization and culture in its construction, or in other 
words, should be a monumental education in itself, should have 
sufficient style about it to attract the scholars, so as to arrest their 
attention to aU its various parts. This of itself wiU elevate the 
mind of such children as by circumstances have never entered the 
apartments of a well finished building. Such children should be 
instructed in all the principles of construction and ventilation, and 
their benefits upon the physical system. We are indebted for most 
of all we now enjoy to those who have gone before us. All have 
derived benefits from their ancestors, and all are morally bound 
to transmit those benefits in an improved condition to posterity. 

The designs and plans which I have prefaced will be found 
following. The design below [No. 1], is that of a common and 
plain district school house. 

This style of school house is, in my judgment, as plain a build- 
ing as should be erected anywhere. Its particular points of 
advantage consist in the arrangements of the entrance by a 
recess or alcove in front which is always to remain open. On 
either side of this alcove is an entrance for the scholars of the difier- 
ent sexes, which forms a closet for hanging clothes, &c., and from 
which they enter the school room. The teacher's desk and plat- 
form being in the centre and up against the alcove in front, with a 
window opening into the alcove, gives the teacher full view of the 
approach of scholars. 

The size of building from this design is 25 x 35 feet on the 
ground, and is calculated to accommodate 56 scholars, and cost, 
ordinarily, about one thousand dollars. 



SCHOOL AECHITECTUEB. 
DESIGN NO. 1. 



219 





ELEVATION. 



GROUND PLAN. 



A, School Eoom. 

B, Teacher's Desk. 

C, Passage and "Wardrobes. 

D, Open Vestibule. 
B, Ventilators. 

Design No. 2 is for a building suitable for an upper and lower 
grade of school. The lower floor is calculated for a lower grade 
and the second floor for an upper grade, and will accommodate 
about 100 scholars in each room. Size of the building, 30 x 42, 
besides the tower, and will cost about $5,000. 



220 



SCHOOL AECHITECTUEE. 



DESIGN NO. 2. 




ELEVATION OF HIGH SCHOOL. 



SCHOOL AUCHITECTTJEB. 



221 




EXPLANATION. 

A, School Eoom. 

B, Teacher's Desk. 

C, Wardrobes and Closets. 

D, Vestibule. 

E, Ordinary Ventilators in the walls. 



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222 SCHOOL AEOHITECTUEE. 

Design No. 3 is for a very extensive city school building, cal- 
culated to accommodate scholars from the primary to the high 
school departments, and will accommodate 60 scholars each. 
Size 65 X 80 feet, besides the towers, and will cost about 125,000. 



SCHOOL AKCHITECTUEB. 



223 




PLAN OF HIGH SCHOOL. 



224 



SCHOOL AECHITECTITEE. 




A, School Rocma. 
E, Stairs. 



PLAN OF 2d FLOOR. 
B, Dressing Rooms. C, Halls. D, CabinetB and Library. 

F, Teacher's Desk. G, Ventilating Shaft. 



SCHOOL AECHITECTUEE. 



225 




15 



PLAN OF 3d FLOOR. 



SCHOOL AECHITECTTJEH. 227 

I should proi^ose to heat this, as well as all other school build- 
ings of any considerable size, by steam. Gold's patent low pres- 
sm-e steam heating aj)paratus I consider the most desirable for 
heating as well as ventilating school buildings. By this method 
the warmed air enters the room as pure as the open free breeze 
can be obtained direct from outside, and with a proper ventila- 
ting au* duct, the vitiated air in the school room will be con- 
stantly escaping, and cannot become impure by respiration, so 
much as to effect the active mental energies of the scholars or 
teachers. 

i» Steam heating by coils of pipe in the school rooms cannot be 
otherwise than injurious to all who occupy the room, for the rea- 
son that the air in the room is^eated over and over again. By 
Gold's system, the heat is generated in the cellar, and fresh air 
is brought directly from the outside to the heating chamber, and 
conducted to the room as fresh as air can be obtained. The 
smoke flue from the furnace I would recommend to be constructed 
from Sidney M. Stone's patent ventilating flue, which consists of 
a cast iron tube inserted within a brick flue directly in the center, 
leaving a free space all around the smoke pipe of sufficient size to 
give ample escape for aU the various rooms to be ventilated. This 
chimney in cold weather being constantly heated, will secure a 
free and active ventilation from all the rooms, which should be 
connected by tubes or boxes at the floor and ceiling, so that either 
or both can be used at pleasure. In warm weather a very light 
fire can be kept up in the cellar, which will heat the ventilating shaft 
without imparting any heat in other parts of the building. In 
order to secure ventilation in warm weather, some artificial heat 
must be applied to excite the draft. By the introduction of these 
two systems, I think the most complete arrangement for heating 
and ventilation is secured for school buildings, 

I have thought it proper to notice the University of Chicago,* 
in brief. The remarks below will be followed with a perspective 
view of front elevation of the University. 

This Institution is situated at the southern extremity of the city, 
in a beautiful site, known as Cottage Grove. The ground upon 



* This building is being erected under the architectural supervision of "Wm. W. 
Boyington, Architect, Chicago. 



228 SCHOOL ARCHITECTURE. 

whicli the buildings are located was donated to the institution by 
the late Judge Douglas. The location is one of the most beau- 
tiful adjacent to Chicago for an institution of learning. The 
tract of land donated for the University grounds, contains ten 
acres, in the center of which the buildings are located, fronting 
the lake. The south wing and corridor were built in the years 
1858-9, and the Institution was first opened in 1859, with a corps 
of j)i'of6ssors under the immediate supervision of Rev. J. C. 
Burroughs, President. The success with which the Institution has 
been patronized froni the time it was oiDcned to the present, plainly 
manifests the apjDreciation in which it is held by the publlb. 
AiDplications for admission have to be refused constantly. It is 
expected, however, that this embarrassing necessity will soon be 
obviated. 

The main building is now in process of erection, and is expected 
to be so far finished as to be used in part during the fall and 
winter term of the present year. 

The size of the main building is, in its extreme, 150 feet long, 
by 100 feet wide, and 90 feet high. The main tower in the cen- 
ter will be grand and imposing, and will be 156 feet high. There 
is a turret at each corner of the main building, 120 feet high. 

The main entrance to the building is through a splendidly 
wrought stone arched doorway in the main tower. 

There is to be a wing and corridor on the north of the main 
building, of the same size on the ground as the south wing and 
corridor now built; the size of the corridors is 45 x 44, and the 
wings 46 X 67 feet. The south wing and corridors are designed 
for studios and dormitories, and the north wing for preparatory 
department, library, art gallery and museum. The main building 
is to be used for President's and Professors' departments, together 
with the morning and main Chapel. 

This set of buildings, when fully completed, will present an 
imposing and magnificent appearance. 

The material of the entire edifice is Athens stone, there being 
no wood work about the walls, save thfe door and window frames. 
The style of architecture is purely Norman, of modern propor- 
tions, with fine cut stone trimmings, and rock-faced ashlar, a style 
peculiarly well adapted to buildings of this description. The 
entire cost of the buildings will be about $175,000, exclusive of 
the Astronomical Observatory, which is now in process of erection, 



SCHOOL ARCHITECTURE. 229 

on the west front, directly opposite the main tower on the east 
front, and is being built in the same style as the other buildings. 
The observatory will form a very consj)icuous portion of the 
group of biuldings when completely finished, according to the 
present designs. 

WM. W. BOTINGTOF, 

Architect, State St., Chicago. 




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SCHOOL FUENITUEE. 231 



SCHOOL FURNITURE. 

It is a matter of great importance, that Directors and those 
having in charge the furnishing of our school buildings, should 
become famUiar with the most approved styles of desks and seats. 
The difference in expense of seating a house with good, substan- 
tial and convenient seats is so trifling in difference over that of 
botching a job by those who are ignorant of the business, that 
there seems to be no excuse for so many incommodious and ill 
arranged seatings in school houses as we find them. 

In no case should each seat and desk be made to accommodate 
more than two pupils. If the desk is single, it is considered a 
still better arrangement, though the single seat involves a much 
larger expenditure, as the expense is much greater in proportion, 
and it also requu-es much more room to accommodate the same 
number of pupils, thus involving the additional expenditure of a 
school building at least one-third larger to contain an equal num- 
ber of pupils with the double seatings. 

Herewith is presented some of the most approved styles of 
modem furniture. The cheapest and most desirable for general 
use is what is called the Combination Desk, the seat and desk 
being attached, thus saving the expense of separate chairs. Some 
of these are made with wood end supports, which may save a 
trifle in expense, but not enough to pay for the sacrifice of good, 
substantial iron end pieces, or stanchions. 

The following cut represents a desii-able style of the Combina- 
tion Desk and Seat. 

Attention is particularly called to this design, as being tasteful, 
convenient, cheap and durable. 

The stanchions, or end pieces, are iron, to which the woodwork 
is fastened with screws, making the desk convenient for shipping, 
as it can readily be put together. 



232 



SCHOOL FUENITURB. 




COMBINATION SEAT AND DESK: 

The expense of this desk is but a trifle more than if made with 
clumsy wood ends, while it contains the essential requisites of a 
good desk and seat, being conveneint to sweep around, and the 
shape of the end pieces allows the pupil to get in and out of his 
seat without difficulty. It is durable, and withal tasteful in its 
appearance. 

The standard length of this desk is three feet six inches, for two 
pupils, and it is made of four different sizes, with seats from 16 to 
12 inches high, to accommodate all grades of pupils — size A being 
the highest, then B, C and D, graded in regular order. In addi- 
tion, there is a back and seat, made to correspond with the others 
to place in the rear of the room, or for a recitation seat. The 
desk is permanently fastened to the floor by means of screws. In 
grading, where different sizes are required in the same room, the 
smallest size should be placed in front, and the largest at the back 
of the room. Care should be taken in ordering, to have all, in 
each row across the room, of the same size. 

Price, nicely finished, varnished, supplied with best ink well, 
screws for fastening, and all complete, boxed and delivered at 
any depot in the city, 

The following represents what is known as the Cincinnati or 
St. Louis desk, as it is used to considerable extent in the primary 
schools of both of those cities. 



SCHOOL PUE]SnTTIBE. 



233 




ST. LOUIS DESK. 

This is a very cheap, neat and convenient seat for small pupils. 
It is substantial, occupies but little spa-ce and allows all the pupils 
to rise in their places, without stepping into the aisles. 

Those persons desiring (for more expensive buildmgs) desks 
and chairs will find the following representations among the very 
best. 




SINGLE PRIMARY DESK AND CHAIR. 

Hight of the front of desk from tlie floor, 22 inches; chair, 12 inches. Length 
of desk, 1 foot 6 inch. 




DOUBLE PRIMARY DESK AND HAIRS. 

Hight of desk, 22 inches; chair, 12 inches. Length of desk, 3 feet. 



234 



SCHOOL FUENITTJKB. 








-.^.-^ 



INTERMEDIATE DOUBLE DESK AND CHAIRS. 

These are made of two sizes. Eight of desk, 23 and 25 inches; chairs, 13 and 
14 inches. Length of desk, 3 feet 4 inches. 





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^M f 



GRAMMAR DOUBLE DESK AND CHAIRS. 

Two sizes— Eight, 26 and 27 inches; chairs, 15 and 16 inches. 



SCHOOL PUENITUEE. 



235 



The intermediate and grammar desks should be supplied with 
good Ink Wells. This is a matter of economy as well as a great 
convenience, and security of neatness. The following cuts and 
explanations will give a complete representation of the very best 
"Well known to the author. 




G. & H. M. Sherwood's Patent Ink Well, for Schools. 

EsPLANATiox. — Pig. 1 represents a top view of tlie cover. Pig. 2, a top view 
of the Well without the cover. Fig. 3, a bottom view of the cover. Fig. 4, an 
edge view of the cover. Fig. 5, a view of Well complete. Fig. 6, a key to 
screw on and unscrew cover. The Ink WeU (fig. 5) is inserted into the desk 
through a hole bored for the purpose, so that the flange [which is of considera- 
bly larger diameter than the body] rests upon the surface of the desk, and is 
secured in place by screws inserted in countersunk holes. The flange of the 
Well has turned down on its outer edge a lip, which alone rests on the desk, 
leaving a space within, below the interior part of the flange. This space is 
provided for the purpose of allowing room in which pins or studs projecting 
downward from the lower side of the cover may freely move. The pins have en- 
larged ends, or heads [as seen in fig. 4], and are first inserted through apertures 
made large enough to admit them freely in the flange of Well, as represented in 
cut [fig. 2]. From these apertures extend, concentrically in opposite direc- 
tions, curved slots, just wide enough to allow the necks of the pins to pass freely 
[as seen in fig. 2]. The lower edges of these slots have a slight inclmation 
downward from the apertures, so that as the cover is turned round the heads 
of the pins become wedged against the inclined surfaces, and draw the cover 
closely down upon the Well, on which it is made to fit tightly. The cover is 
fastened by means of a key [fig. 6]. 

This new "Well is simple, and it is confidently believed that, 
wliile it contains the combined excellencies of the best Wells 
now in use, it remedies the defects of all : 

1st. By this invention a very convenient, neat and secure fast- 
ening for the cover is produced, which can only be removed with 
the key provided for it, which is to be kept by the teacher or 
i anitor. 



236 



SCHOOL PUENITTJEB. 



2d. The Well itself, after being fastened by two common screws, 
never has to be removed — tbe glass lining only being removed 
wlien necessary for cleaning, which can be done by imscrewing 
the cap with a simple tm-n of the key. 

3d. It will not get o^^t of order, as by its simjjlicity of arrange- 
ment there is no lining to corrode. It cannot burst and spill the 
ink — and cannot be removed and lost by the pupils. 

4th. It can be used in the holes where other wells have been 
inserted. 

5th. It is economical, as the expenditure for each pupU (where 
double desks are used) is but twelve and a half cents for his 
whole school going time. 

Price of Ink Well, per dozen, $3; necessary keys furnished 
gratis. 

The following engavings represent some of the most desirable 
styles of teachers' desks. 




Teacher's Deskt 



SCHOOL FUKNITUEE. 



23^ 




Teaclier's Deskt 




Teacher's Desk. 




Teacher's Desk. 



238 SCHOOL APPAEATtrS. 



SCHOOL APPARATUS. 

Teachers and school officers should be impressed with the idea 
that they are dealing with the life of their pupils ; that all pro- 
cesses and methods should conform to natui>e's plan, securing the 
greatest amount of progress and development in a given time. 

Among all the means devised by the practical, earnest educa- 
tors of the age, none has been more fruitful of beneficial results 
than that of visible illustrations, in which it may almost be said 
that seeing is Jcnowing. 

Nature's plan (and she is rarely improved upon) is, to reach 
the mind through the senses. 

"We can communicate the idea of the fragrance of the rose to 
the chUd much better through his sense of smelling than by a 
verbal or written description. 

How unsatisfactory are all attempts to convey to the mind, in 
language, that which may be taken in by the eye. " Having eyes 
they see not," may too frequently be found the cause of super- 
ficial and inaccurate scholarship among our most industrious 
students. 

To attempt to teach the revolution of the earth ; the cause of 
day and night; the change of seasons ; latitude and longitude, 
without a Globe ; the motions of the heavenly bodies without a 
Tellurian or Orrery; attraction without a Magnet; cube root 
without the Blocks ; contour or locality without the use of proper 
Wall Maps, is an unnecessary and inexcusable waste of time. 

Below are represented a few articles of apparatus that are in- 
dispensable to every well furnished school. 



SCHOOL APPAEATUS. 



239 




Holl)rook's Geared Tellnriaii. 

The Tellurian is designed to illustrate the various phenomena 
resulting from the relations of the sun, moon and earth to each 
other, such as cause of day and night, change of seasons, different- 
lengths of day and night, changes of the moon, eclipses, etc. 




240 



SCHOOL APPAEATUS. 



The foregoing is one of the cheapest styles of Globes, ■which will 
answer a pui-pose to give a general idea of the shape and motions 
of the earth, and relative positions of the more important coun- 
tries as represented on the globe. 




WATERS^SeN. 



This Globe is one of the very best in size and style for general 
use. It is not so large as to be very expensive, while at the same 
time it is large enough to fully answer the purpose of illustration 
for Avhich a globe is needed. It has a movable horizon, and it being 
eight inches in diameter gives it a scale of an inch to a thousand 
miles, as compared with the earth, making, for all practical pur- 
poses an inch on the surface of the ball a thousand miles. 




SCHOOL APPAEATUS. 



241 



The foregoing represents a Globe composed of two hemisplieres 
and iinited by a hinge. The two hemispheres are represented 
both on the flat and convex surfaces of the same. This is an in- 
valuable aid to the pupil in getting a correct idea of a representa- 
tion of a map of the world on a flat surface. 

GEOMBTEIOAL SOLIDS. 
These solids will give pupils definite ideas of the shapes of 
solids that cannot possibly be given by mere words of description. 
For explaining the rules for mensuration or solid measurement, 
they aflbrd the only proper means. 




EIbxagonal Prism. Prism. Triangular Pribm. Cylinder. 




Pyramid and Hrx 
16 



CoNff AND Frustum. 



242 



SCHOOL APPAEATUS. 



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Paeallelopipeds. 



SCHOOL APPAEATtrS, 



243 




Oaepenteb's Theorem. 



The first use of these solids is for definitions. The best defini- 
nition of a horse or dog is the horse or dog itself. The great 
Pestalozzean idea of teaching is to always present the thing itseli 
when it can be done, and never burden the mind' with descrip- 
tions which are unintelligible. It follows that the best definition 
for sphere, cube, cone, pyramid, or prism, is the object presented 
to the eye. For this purpose they are needed in primary schools. 
But they also afford the best illustrations of square and solid 
measurement. 

Forms and Solids for Object-Teachiiig. 




Parallelogram or 

Eectangle. Trapezium. 



Bhomb. 



£hom,boidL 




Bauare. 



Pentagon 



Hexagon. 



Heptagon. 



Octagon, 



244 



SCHOOL APPARATUS. 




The above forms 
are all made in dupli- 
cates, and can be 
made extremely use- 
ful in illustrating nu- 
merous figures and 
forms. 



Nnmeral Frjimc. 



SCHOOL APPAKATTJS. • 245 

The Numeral Frame is designed more particularly for primary- 
schools, but in the hands of a skillful teacher it is equally service- 
able in intermediate and grammar schools. Wherever young 
pupils require illustrations to enable them fully to comprehend 
operations with abstract mathematical quantities, this frame fur- 
nishes the readiest mode of giving the desired instruction. 

The illustrations used in the foregoing articles relating to School 
Furniture and School Apparatus, have been furnished for the 
" Maistual " by Geo. and C. W. Sherwood, of Chicago, Publish- 
ers, and manufacturers of School Furniture and Apparatus. 
Other and similar styles of fm*niture and apparatus are manufac- 
tured in New York, Buffalo and Cincinnati, and have been intro- 
duced into western schools to a limited extent. Some of these 
manufactm-ers have duly authorized agents in Chicago, where 
their furnitm-e may be obtained. 

OUTLINE MAPS. 
Among the necessary articles of the school room are Outline 
Maps. Of these there are several sets before the public. Mitch- 
ell's Maps are perhaps more generally used than any others, and 
seem to be well adapted to the wants of our district schools. 
The Maps spoken of, as revised by Prof. Camp, and used in con- 
nection with Camp's Geographies^ (which are prepared on the 
outline plan, and designed to accompany Mitchell's Maps,) may 
be used with excellent effect, as they may also be when used with 
any other standard geography. 



246 • PHYSICAL CULTUEE. 



PHYSICAL CULTURE. 

During the last five years, more than at any previous time in 
the history of this country, the attention of leading educational 
minds has been directed to the importance of a thorough system- 
atic training of the body to give it health and vigor. 

One of the first requisites to secure success and happiness in 
fulfilling our mission as individuals or a nation, is healthy, active 
physical power. 

It has come to be admitted by all, that a sound mind cannot be 
the tenant of a sickly body, — so that no teacher can be regarded 
as discharging his duty to community who does not devote some 
attention to Gymnastics and Calisthenic exercises. 

There is a constantly increasing demand for convenient gym- 
nastic apparatus, and for works containing model exercises suited 
for schools. Only a few simple pieces of apparatus are necessary, 
such as wooden dumb-bells, Indian clubs, wands and hand-rings. 

We take pleasure, in this connection, in referring to the Hand 
Book of Calisthenics and Gymnastics, a complete Drill Book for 
Schools, Families and Gympasiums, with Music and Vocal Exer- 
cises accompanying, by J. Madison Watson, a most scientific 
and practical work. A manual of Gymnastic Exercises for 
Schools and Families, by Samuel W. Mason, contains many 
valuable exercises, t 



FORMS FOR PEOCEEDINGS, ETC. ' 247 



FORMS FOR PROCEEDINGS UNDER THE 
SCHOOL LAW. 

At a convention of county school commissioners of the State 
of Illinois, held in the city of Bloomington, October 1st, 1863, a 
special committee, consisting of C. P. Taggart, of Peoria ; J. M. 
Pace, of JejSerson, and John B. McCleery, of Livingston, was 
appointed to consider the subject of " Forms for Proceedings 
under the School Law.'''' After due deliberation, the committee 
submitted the following report, and it v^as unanimously adopted 
by the convention, to wit. : — 

" Tour Committee, after a careful and thorough examination of 
Adams' Series of ScMool Records, published by Adams & Black- 
mer, of Rockford, Illinois, consisting of Teachers' Daily Regis- 
ters, Class Books, School Ledgers, School Tablets, Teachers' 
Schedules, etc. Also of District School Records, Township 
Treasurers' Books, and other School Blanks, would recommend the 
publications of Messrs. Adams & Blackmer, as- constituting the 
best system of Records extant, with which we are acquainted. 
And as an expression of the sense of this convention upon this 
subject, we would submit the following resolution, and ask for it 
a unanimous adoption : 

"Hesolved, That the Series of School Records published by 

Adams & Blackmer, of Rockford, be officially recommended to 
Teachers and School Officers throughout this State, and that the 
State Superintendent be respectfully requested to caU the atten- 
tion of School Directors, Township Trustees and Treasurers, and 
all other School Officers and Teachers, to theii- great importance, 
and to adopt such measures as he may deem proper with his offi- 
cial duties, for their adoption by all the schools throughout the 
State. C. P. Taggaet, ) 

J. M. Pace,* > Oommittee." 

John B. McCleeet, ) 

In accordance with this resolution, and by the request of the 
Publishers, the whole series of Blank Books and Forms men- 
tioned in the foregoing report, underwent a thorough and rigid 



248 



FORMS FOE PKOCBEDINGS, ETC. 



examination and revision by this Department. They are popu- 
larly known as " Adams' System of School Records for the use 
of Teachers and School Officers." And they comprise every 
thing that can be desired in the way of ready prepared, conveni- 
ent and systematic forms, adapted to the business of the office, 
the proceedings of the Board, or the exercises of the school room. 
In presenting specimens of these valuable forms, we will 
arrange them in their natural order. 

I. FOR THE USE OF SCHOOL DIRECTORS. 
Form 1. Election Notice. 

Notice is hereby given, That on the ^ day of 186 , a 

School District Election will be held at in School District No. Town- 
ship No. Range No. County of and State of Illinois, for the 

purpose of The Polls of which election will be open at o'clock.. 

M. , and will continue open until o' clock . . M. , of the same day. 

>• School Directors. 

Dated, 186 . \ 

In new districts the first election may be held on any Monday, 
notice being given by the Township Treasurer, as for the election 
of Trustees. In organized districts, notice of all elections shall 
be given by the Directors at least ten days previous to the day of 
said election ; the notice being posted in at least three of the 
most public places in the district, and shaU specify the place 
where such election is to be held, the time of opening and closing 
the polls, and the question or questions to be voted on. 

The regular time for holding meetings for the election of school 

director or directors, is on the second Monday in August, and it 

is important that such elections be held on that day. See School 

Law, sec. 42. 

Form 2. Poll Book. 

List of Voters at an Election held on the day of A. D. 186 , at the 

in School District No. Township No. Range No. in the 

County of and State of Illinois. 



No. 



Names. 



No. 



Names. 



Tally List. 



Names of persons or objects voted for. 



Tallibs. 



FORMS FOE PROCEEDINGS, ETC. 249 

Returns of Election. 
Summary of votes cast for Persons or Objects voted for. 

_. Received Votes for School Director. 

Received Votes for School Director. 

Received Votes for School Director. 

_ ..Received Votes for 

Received Votes for 



CERTrPICATE OF ELECTION. 

"We hereby Certify, that from the results above given was duly elected 

School Director for this School District, for the term of three years from this 
date, and until his successor is elected. Also that 

., > Judges of Election. 

Clerk of the Election. 

This book is made on double sbeet flat cap paper, and con- 
tain.s 4 pages. The 1st page contains a record of the filing in the 
office of the Township Treasurer ; the 2nd, a list of voters at the 
election ; the 3rd, a summary of the votes cast for the different 
candidates or objects voted for, and the 4th, a tally list; the 
whole arranged according to the School Law of 1861, and is of 
the utmost importance to the good order and legality of School 
District proceedings. 

" After every election of directors, the judges shall cause the 
poll book to be delivered to the township treasurer, with a cer- 
tificate thereon showing the election of said directors and names 
of the persons elected; which poU book shall be filed by the 
township treasurer, and shall be evidence of said election." See 
section 42. 

Form 3. Tax Certificate. 

"We hereby certify, that we require the rate of to be levied, for School 

purposes, on aU the taxable property of our district, for the year 186 , and also 
that the following is a list of tax payers in said district: 

Given imder owe hands this day of 186 . 

) Directors District No. 
Township No. Range 
No. County of 
and State of Illinois. 

Names. Names. 



200 



rOEMS FOB PROCEEDINGS, ETC. 



The names of the tax payers are to be written out in full in 
alphabetical order, for the convenience of the clerk of the Board 
of Supervisors, or the clerk of the County Court, and filed in his 
office, properly certified by the Board of Directors, on or before 
the second Monday in September. See section 44. 

Form 4. Censtjs Eeports. 

Census Eeport of persons between the ages of five and twenty-one years, and 
also of persons under twenty-one years of age, residing in School District No — 
Township No Range No in County of and State of 111., on 186 . 



Names of Parents oe Guarduns. 



5 ts « 



o a p 



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The names of parents or guardians, as well as the number of 
children belonging to the said parents or guardians, should be 
reported to the township treasurer, as this will guard against any 
mistakes being made in reporting the number of persons residing 
in the district entitled to benefit from the school fund. 

This report should be made out, certified by the board of direct- 
ors, and filed with the township treasurer, at least two days before 
the first Monday in April and October, in order that the town- 
ship trustees may make the proper distribution of the school 
fund, as requked in section 34 of the School Law. 

Form 5. Contract betweek Teacher and Directors. 

Article of Agreement made and entered into between a school teacher, 

of county of and State of and school directors of 

District No. Township No. Eange No. county of and State of 

Illinois, and their successors in office. 

The said hereby agrees to teach the public school in said district, for 

the term of weeks, commencing on the day of 186 , and that .. 

wih faithfully and impartially govern and instruct the children and youth who 
may attend the same; that .. wiU refrain from every species of profanity and 
improper conduct while in their presence ; will institute no cruel or unusual 
mode of punishment in the administration of discipline, and will promptly report 
to the said directors aforesaid, or their successors in office, the names of aU 
scholars who may be guilty of refractory or incorrigibly bad conduct. 

The said further agrees that he wiU strictly conform to the rules and 

regulations established by said board of directors for the government of said 
school, and will faithfully perform aU the duties required of _ _ by the provisions 
of sections fifty-two and fifty-three of the school law. 

The said.. .school directors as aforesaid, or their successors in office, 

in the name and in behalf of the district aforesaid, hereby agree to keep the 



POBMS FOE PEOCBEDLN'GS, ETC. 251 

school house in which said school is to be taught in good repair, and to see 
that it is furnished with the necessary fuel and appendages for the comfort and 

convenience of the pupils, and to pay the said for services as teacher, the 

sum of dollars per month, of four weeks of school days of hours 

each : Provided^ that in case the said should be dismissed from said school 

by the said directors or their successors in office, for incompetency, cruelty, 
neghgeuce, or immorality, or a violation of any of the stipulations of this con- 
tract, or in case certificate should be revoked by the county commissioners, 

shall not be entitled to compensation from and after such dismissal or 

revocation. 

In Testimony Whereof we have hereunto subscribed our names this day 

of 186 . Teacker. 



I 



■ Directors. 

The form of this contract is simple and complete. It is just 
what is needed to prevent the many disagreements and dissatis- 
factions which not unfrequently arise between teachers and direc- 
tors from merely verbal or imperfectly written contracts. Its 
cost at most is but three or five cents, and if used it may save both 
parties a large amount of costs attendant upon vexatious lawsuits, 
besides much anxiety, trouble and ill feeling towards each other. 
No district should contract with a teacher without some sort of a 
written contract. It is hoped that the form here presented, being 
characterized by fairness and legal accuragy, will come into 
general use by teachers and directors. 



252 



FOEMS FOE PEOCEEDDiTGS, ETC. 



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FOEMS FOR PEOCEFDINGS, FTC. 253 

In order to secure accuracy in the details of our common 
schools statistics, it is necessary that there should be some com- 
mon method of collecting and reporting them. Hitherto the 
returns of statistics from districts have been very incomplete and 
imsatisfactory, on accoitnt of the failure of district officers to re- 
poi't carefully and particularly, to the township treasurer, the 
information desired, and I am convinced that such failure is to be 
attributed principally to the want of correct and convenient blank 
forms for reporting district statistics. To meet this want, and 
secure accurate and reliable returns, I caused to be prepared and 
published the preceding blank for the convenience of the clerk 
of the board of directors. The directors of school districts wiU 
cause their clerk to fiU uj) correctly the blank, and forward the 
same to the township treasurer on or before the Thursday imme- 
diately preceding the second Monday in October. 

I'ORii 1. Directors' Order Eook. 

STATE OF ILLINOIS, ) „_ $ 

County of ... . p^* 186. 

Treasurer of Township No. Eange No. in said county, pay to 

or bearer, the sum of dollars, out of any money belonging to School 

District No. in said township, for with interest at the rate of per 

cent per annum from date till paid. 

By order of the Board of Directors of said District. 

No... Clerk. Brest. 

These orders have a neat filing on the back, also a receipt for 
the money received from the township treasurer on the order, by 
the person receiving it, according to sec. 67 of the School Law. 
They are bound in books of different sizes, containing 100 and 
200 orders each. 

Form 8. School District Bond. 

$ STATE OF ILLINOIS. NO 

"Whereas, by an act of the General Assembly of the State of Illinois, ap- 
proved Feb. 18th, 1861, entitled, "An Act to establish and maintain a system 
of Free Schools," the G-eneral Assembly of the State of Illinois authorized and 
empowered the directors of any regularly organized school district in this State, 
on the ftiith and pledge of said school district, to borrow a sum of money not 
exceeding three per cent, of the taxable jjroperty of the district, on condition 
of the same being voted for by the legal voters of said district, for the purpose 
of building or repairing school houses ; and whereas, at an election held by 

School District No. Township No. ... Range ... county of and State 

of Illinois, in pursuance of said act, it was voted to borrow the sum of 

dollars for the purpose of school house in said district, payable in 

yearSj at .. per cent, interest, as appears by record of the proceedings of said 
school district meeting of the date of A. D. 18.. 

Know now aU men by these presents, that School District No, Town- 
ship No. Range county of and State of Illinois, is justly indebted 



254 FOEMS FOE PEOCEEDINGS, ETC. 

and promises to pay to or order, the sum of dollars on the __ day of 

A.D. 18... And the said school district does hereby agree and eagage 

to pay interest on the said sum of doUars, at the rate of per cent, per 

annum, on the . . day of in each and every year hereafter until the interest 

shaU become due. 
In testimony whereof, the said School District has caused this bond to be 

signed, sealed and delivered by their Board of School Directors, this 

•day of A. D. 18 

i[L. s. 
Directors. L. S. 
'l, s.' 

SCHOOL DIEECTORS' RECORD. 

This record, new edition, contains ten parts : 

1. For recording the Proceeding of School District Meetings, 
has printed headings, and is prefaced with suitable forms for 
recording the proceedings of annual and special school meetings. 

2. A Register of School Du'ectors, with printed headings, show- 
ing, at a glance, the name of each director elected, the time of 
his election, the term of his office, and the date when it expires. 

3. A Record of the Doings of the School Directors. Like part 
1st, it has printed headings, and a preface containing proper forms 
for recording the action of the directors. 

4. A Census Record of the number of persons residing in the 
district entitled to the benefit of the public school fund. It has 
printed headings, and shows at once, if properly kept, the num- 

. ber of persons between five and twenty-one years of age ; also, 
the whole number of persons under twenty-one years of age, and 
the date when the census is taken. 

. 5. A Record of Orders drawn on the Township Treasurer; has 
printed headings, showing at a glance the amount of money in 
the hands of the township treasurer on the first Mondays of April 
and October, and the number, date and amount of each order 
drawn on the treasurer, in whose fator and for what purpose 
drawn. It is prepared with proper forms, showing how it may 
be correctly kept. 

6. Teacher's blank Contracts with the School Directors, a speci- 
men of which is given in Form No. 5. They are placed here so 
that a permanent record of this part of the doings of the direc- 
tors may be kept. This is one of the prominent excellencies of 
the book. 

7. A Register of the Teachers Employed, showing the name of 
each teacher employed, the grade of certificate, the salary per 



POEMS FOE PEOCEEDnrGS, ETC. 255 

month, the time of commencing school, the dale of closing, the 
length of time taught in months and days, and the total amount 
of salary due the teacher. 

8. A Record of Rules and Regulations adopted by the Board of 
Dii-ectors for the government of the school. (See section 48 of 
the School Law.) 

This part has printed headings, and a preface containing a large 
number of rules, compiled mostly by Hon. N. Bateman, during 
his term of office as Superintendent of Public Instruction, from 
the published codes of schools in Boston, Cincinnati, St. Louis, 
Chicago, Cleveland, Columbus, Springfield, Jacksonville, and other 
places, selecting such as are suited to most of the public schools 
in this State. 

This is not an unimportant part of this book. "No school can 
■well succeed without proper rules and regulations for the govern- 
ment of both teacher and pupils. 

9. A Summary of the Attendance of Pupils, and other facts con- 
nected with the school during each term the school is taught. 
The items here recorded are taken mostly from the Teacher's 
School Register, and they can be better recorded by the teacher if 
the record shall be presented to him or her at the close of each 
school term. This is a most valuable part of the book, as it forms 
a valuable historic record of the school. 

10. Contains copies of the Directors' Annual Reports to the 
Township Treasurer, a specimen of which is given in Form N"o. 6. 

This form completes the record — a record which no school dis- 
trict in this State should be without. It contains upwards of 300 
pages, and is made upon fine, heavy flat cap paper, thoroughly 
bound on parchment with heavy sj)ring back, half sheep, and 
muslin sides. The publishers have spared no pains in its manu- 
factm-e. The whole is made of superior materials, and for dura- ^ 
bility. With proper care it will last any district for years. 



256 FOEMS FOE THE USE OF SCHOOL OFFICBES. 

n. FORMS FOR THE USB OF TOWNSHIP SCHOOL OFFICERS. 
Form 1. Election Notice. 

Notice is hereby given, tliat on the day of next, at the . 

in Township No. Range No. in the county of and State of Illinois, 

an election wiU be held for Trustees of School for said township. The polls of 
which election wiU be open at 8 o'clock in the morning, and wiU continue open 
until . . o' clock in the afternoon of the same day. 

By order of the Trustees of Schools of said township. 

Township Treas, 

The election for trustees of schools shall be on the second Mon- 
day in October, biennially, in townships where such elections have 
been had, " the township treasurer giving notice of the time and 
place by posting up notices of the same, at least ten days previ- 
ous to the day of such election, at or in the school house, or in 
the most public plaee in every school district in the township. In 
townships where no election, at any time, has been had for the 
election of trustees of schools, the election may be held on any 
Monday. In this case the clerk of the county court shall cause 
the notice to be given as stated above." See section 25 of the 
School Law of 1861. 

Form 2. Poll Book. 

This book consists of six pages, made upon first quality flat 
cap paper. The first page has a record for the filing of the book 
in the office of the county school commissioner. The second 
page contains forms for the oaths required by law to be taken by 
the officers of the election. 

Section 12, chapter 37, Revised Statutes of the State of Illinois, 
page 466, requires the judges and clerk of elections for civil 
officers, previous to the taking of any votes, severally to take an 
oath or affirmation in the following form, to wit : 

I do solemnly swear (or affirm, as the case may be,) that I will perform 

the duties of Judge (or Clerk, as the case may be,) of this election, according 
to law and the best of my abihty, and that I wiU studiously endeavor to prevent 
fraud, deceit and abuse in conducting the same. 

Sworn to and subscribed before me, this day of 186 . ) 

-- J- P- f 

Each of the judges, and also the clerk, of elections for the 
election of trustees of schools must severally subscribe to the 
above form of an oath or affirmation. The oath cannot legally be 
administered to the judges and clerk collectively, as has been 
done in some cases, but it must be administered to each one sepa- 



FOEMS FOE THE USE OP SCHOOL OPFICEES. 257 

rately, as required by the law for the election of magistrates and 
constables. See sec. 27 of the School Law. 

The third and fourth pages of the Poll Book contain a list of 
voters at said election ; the fifth page, the returns of election, 
conformable to sec. 23, Revised Statutes of the State of Illinois, 
chapter 37, page 468 : and the 6th, a tally list. 

FoEM 3, Township TEEAsuiiER's Bond. 

State of Illinois, ) „ 
County, r^- 

Elnow all men by these presents, that we are held and firmly bound, 

jointly and severally, unto the Board of in said county, in the penal sum 

of dollars, for the payment of which we bind ourselves, our heirs, exec- 
utors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this .. day 
of A. D. 186 . 

The condition of the above obligation is such, that if the above bounden 

Township Treasurer of Township No. Range No. in the county 

aforesaid, shall faithfully discharge aU the duties of said oflBce, according to the 
laws which now are or may hereafter be in force, and shall deliver to his suc- 
cessor in ofiSce all moneys, books, papers, securities, and property, in his hands 
as such Township Treasurer, then this obligation to be void, otherwise to 
remain in full force and virtue. 



L. S. 
L. S. 



Approved and accepted by 

>■ Trustees. 

Form 4. Township Teeasukeb's Books, in 3 voltjues. 

The 1st volume is called a Journal and Record. It embraces 
four parts. The 1st part is entitled a Journal of the Proceedings 
of the Board of Trustees of Schools, with printed headings, and 
is for recording fully and at length the acts and proceedings of 
the Board, their by-laws, orders and resolutions. 

The 2nd part is a Register of the Election of Directors, in the 
several districts in the township, with printed headings, showing 
at a glance, the name of each school director in the township, the 
number of the district in which he resides when elected, term of 
his office, and when it expires. 

The 3rd part is a Record in which the Treasurer may enter a 
desciiption of aU notes or bonds belonging to the Township, with 
printed headings, so arranged as to show at a single view, the 
name of the debtor, the date of the note, its amoimt, time when 
due, and a brief description of the sureties, together with any 
remarks showing where or in what condition it is. 
17 " 



258 FOEMS FOK THE USE Ol* SCHOOL OPEICEES. 

The 4th part contains a number of township plats, for the 
proper mapping of the township into school districts. 

The 2nd volume is The School Treasurer's Cash Book. In it is 
entered all the money received and paid out by the Treasurer. 
It might properly be called the School Treasurer's Day Book. It 
has printed headings, showing when the money is received, from 
whom received, on what account, the amount received, when paid 
out, to whom, on what account, and the amount paid out. 

The Ledger and Loan constitutes the 3rd book. This volume 
consists of two parts. The 1st part is designed for an account 
book, between the Township Treasurer and the several school 
districts in the township. On the first or left hand page of the 
book is to be entered the moneys belonging to the district, as 
distributed by the Township Trustees, together with the amount of 
special taxes raised by the district. On the opposite or right 
hand page, is to be entered the amount paid out, to whom paid, 
and on what account. 

The 2nd part is designed for an account book between the 
Township Treasurer and the Board of Township Trustees. Like 
the first part, it has printed headings, and shows at a glance the 
time of loaning the school fund, the amount loaned, the length of 
time it is loaned, the rate of interest, when the sum loaned is due, 
the name or description of securities, the amount of interest and 
when it becomes due, the amount of interest paid, when paid, 
and any remarks necessary to show where and in what condition 
the amount loaned may be. 

Every Board of Trustees of Schools, and also every Treasurer, 
is referred to sec. 56 of the School Law, where these books are 
described in the language of the law, and where every treasurer 
is required to provide himself with these or similar books ; and 
also to sec. 34, where the Board is directed to make, as their 
second appropriation, whatever may be due for the said books. 

It is of the utmost importance that the books of the Treasurer 
be so kept as to show correctly and at once, to any and all who 
may wish to know, the actual condition of the school fund. 

These books are so arranged that even the most inexperienced 
will find but little difficulty in keeping them correctly, and with 
very little trouble. 



POEMS POE THE USE OP SCHOOL OPPICEES. 269 

FoEM 5. School Teeasueer's Notes. 
$ 18._ 

after date promise to pay to the Board of Trustees of Schools 

of Township Range in the county of for the benefit of the 

school fund of said township, dollars, with interest at the rate of ten per 

cent, per annum from date until paid, payable semi-annually in advance, for 
value received . 

And we further agree to give any additional security which said Trustees 
may at any time require ; and no extension of the time of payment, with or 
without our knowledge, by the receipt of interest or otherwise, shall release us 
or either of us from the obhgation of payment. 



No Due. 



These notes are bound in books of 100 each, half cloth. They 
have ruling and printed receipts on the back for endorsements. 
They may be secured by the signatures of two responsible per- 
sons besides the maker of the note, where sums not exceeding 
$100 are loaned, and for a time not less than six months nor more 
than one year from the date of the note. See sec. 51 School Law. 

Form 6. School Moktgaqes. 

I, , of the county of and State of , do hereby grant, convey 

and transfer to the Board of Trustees of Township Range in the county 

of and State of Illinois, for the use of the inhabitants of said township, 

the following described real estate, to wit : Which real 

estate I declare to be in mortgage for the payment of dollars loaned to me, 

and for the payment of all interest that may accrue thereon, to be computed at 
the rate of . . per cent, per annum until paid. And I do hereby covenant to pay 

the said sum of money in years from the date hereof, and to pay interest on 

the same at the rate aforesaid half-yearly in advance. I further covenant that 
I have a good and valid title to said real estate, and that the same is free from 
all incumbrance; and that I will pay all taxes and assessments which maybe 
levied on said estate, and that I will give any additional security that may at 
any time be required by said Board of Trustees ; and if said estate be sold to 
pay said debt, or any part thereof, or for any failure or refusal to comply with 
or perform the conditions or covenants herein contained, I will deliver immedi- 
ate possession of the premises. And in consideration of the premises wife 

of said doth hereby release to the said Board all her right and title of 

dower in the afore-granted premises, for the purposes aforesaid. 

And the said , and his wife, hereby expressly waive, release and 

relinquish unto the said Board of Trustees, party of the second part, all 

right, title, claim, interest and benefit whatever, in and to the above described 
premises, and each and every part thereof, which is given by or results from 
all laws of this State pertaining to the exemption of homesteads. 

In testimony whereof we have hereunto set our hands and seals this day 

of , 18.. 



m 



260 FOEMS FOE THE TJSF OF SCHOOL OFFICEES. 

Form 1. Township Gbnstjs Eeport. 

Census Eeport of persons between tlie ages of five and twenty- one years, and 

also of persons under twenty-one years of age, residing in Township No 

Range No in the county of and State of Illinois, on the ... day of 

.:..- 18.. 



Names of Parents or 
Guardians. 


'S ^ 


§ 1 

O 3 =S 
d ^ 


Names op Parents or 
Guardians. 


01=^ 

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ni. FORMS FOR THE USB OF SCHOOL COMMISSIONERS. 
Form 1. Record op Teachers ExAinNED. 
This book is made upon flat cap paper, first quality, bound in 
half sheep, with muslin sides and tipped corners. It has ruled 
headings, showing the name, age and nativity, of each teacher 
examined ; date of certificate, the average standing in the branches 
upon which examination is had, the grade of certificate, and also 
the date of the annulment of the certificate. See sec. 60 School Law. 



Form 2. Teacher's Certificate. 

Grade County, Illinois, 18. _ 

The undersigned, having examined in Orthography, Reading in Eng- 
lish, Penmanship, Arithmetic, English G-rammar, Modern Geography, and the 
History of the United States, and being satisfied that is of good moral char- 
acter, hereby certify that qualifications in all the above branches are such 

as to entitle to this Certificate, being of the and valid in the county 

for from the date hereof, renewable at the option of the School Com- 
missioner by his endorsement thereon. 

Given under hand at the date aforesaid. 



>• Examiners. 



.School Commissioner. 



Form 3. School Commissioners' Receipts. 



.18. 



Received of School Commissioner of. county and State of Illinois, 

the sum of dollars, this being the amount due from said 

Commissioner to Township No. Range No. in said county. 

Township Treas. 

These receipts are substantially bound in books of 200 receipts 
each, half cloth, and are designed for permanent use. No Com- 
missioner should be without them. 



poems for the use of school officers. 261 

Form 4. School Commissioner's Note. 
$ 18.. 

after date promise to pay to the School Commissioner of the 

county of for the benefit of the school fund of said county doUara, 

with interest at the rate of ten per cent, per annum from date until paid, payable 
semi-annually in advance, value received. 

And we further agree to give any additional security which said School Com- 
missioner may at any time require ; and no extension of the time of payment, 
with or without our knowledge, by the receipt of interest or otherwise, shall 
release us or either of us from the obligation of payment. 



No Due. 



These notes, like the School Treasurer's notes, have ruling and 
printed receipts on the back for endorsements, and are bound in 
books of one hundred notes each, half cloth. 

The School Commissioner may loan money belonging to the 
county fund upon the same security as Township Treasurer. See 
section 19, Law of 1861. 



IV. FORMS FOR THE USE OP TEACHERS. 
Form 1. School Register. 

" The most important of all school statistics," says the Hon. J. 
M. Gregory, Superintendent of Public Instruction of the State of 
Michigan, " are those that are shown by the Teacher's daily Reg- 
ister of the pupils attendance at school. One of the most mate- 
rial evidences of the progress of a school is wanting where such 
record is not kept with fullness and care. A properly prepared 
register should be provided at the commencement of the school, 
and the name of each pupil should be entered therein, with the 
date of his entrance. The attendance of each half-day should be 
carefully marked, and with a good form of register, the amount 
of tardiness of each pupil may also be kept. It is customary 
also to mark the daily deportment and scholarship of each pupil, 
and ia our best schools, weekly or monthly reports are sent to 
parents, exhibiting the attendance and standing of the children. 
Such reports have a most beneficial influence upon both parents 
and pupils." 

The doctrine here enunciated by the Hon. Superintendent of 
Michigan, is important, and should be acted upon by every 
teacher and school officer throughout our country. In the States 
of Michigan and Iowa, all teachers of public schools are required 



262 



FOEMS FOE THE USE OF SCHOOL OFPICBES. 



by law to keep daily registers, in which the exact attsndance of 
the piiiDils is to be carefully recorded ; it should be so in this State. 
There are some good forms of registers kept for sale by many 
book sellers throughout the State, but the best we have seen is 
prepared by Rev. O. Adams, formerly Principal of the Public 
School in St. Charles, in this State. This Register has been pre- 
pared with great care, and is very generally used by teachers 
throughout this and other States. Its jjeculiar features and advan- 
tages may be briefly stated as follows : 

1. It is simple in its plan and easily understood. Used in con- 
nection with the School Tablet, which is designed to accompany tho 
Register, any teacher can keep it without trouble or loss of time. 

2. Each day has two spaces appropriated to it, for forenoon 
and afternoon, so that the attendance of half-days can all be kept. 
These spaces are large enough to record in them the actual num- 
ber of minutes each pupil is tardy. The time lost by tardiness 
in our schools is very great, and when we take into account the 
days and half-days of absence, the loss is truly surprising. But 
by keeping such a strict account of tardiness and absence, and 
reporting the same to parents and guardians, this great evil will 
be in a measure abated, and can, we trust, finally be eradicated. 

The publishers have issued two sizes. The first is arranged 
for a term of four months, and will record nearly forty pupils on 
a page, for that length of time, without any re-writing of names. 

The second size is arranged for a term of three months, and 
will record thu'ty pupils on a page. At the end of each month 
there is a space for a monthly summary of attendance, and at the 
end of each term a space for a total summary. The following 
diagram will give some idea of the " School Tablet " referred to 
above : 



ADAMS' SCHOOL. TABLET. 


MOBNINO SESSION. 


AFTEBNOON SESSION. 


Pupil's No. 


Min'3 Tardy. 


Pupil's No. 


Min's Tardy. 


1 

6 


12 
20 


1 

10 


4 
80 



It is 9 by 14 inches, made of wood and so arranged that no 



POEMS FOR THE USE OF SCHOOL OFFICEES. 263 

ordinary usage can sj)lit or other ;v4se injure it. It is covered 
with a beautiful coat of liquid slating, with the above diagram 
drawn upon it, so that pujoils or teachers in marking their tardi- 
ness, cannot well make a mistake. It is expected that each pupil 
will be required to mark upon the Tablet, opposite his own num- 
ber (which signifies his or her name,) the number of minutes 
he or she may be tardy. Requiring pupils thus to mark their 
own tardiness, not only assists tfie teacher in recording the exact 
time pupils are in school, but it greatly diminishes the pupil's 
tardiness. Where this system has been faithfuUy and perma- 
nently established in schools, the dreadful evil of tardiness and 
irregular attendance has been almost wholly overcome. This is 
the testimony of many of our most prominent teachers who have 
adopted' and practiced this system in their schools. 

Form 2. Class Books. 

Class books, for recording the daily scholarship of each pupU, 
are important. The system of marking adopted by the Normal 
University is perhaps as simple and comprehensive as any now 
in use. Upon this subject Professor Edwards has dwelt at length, 
in his article upon the Normal University, page 136, Part 1 of 
this book, and need not be repeated here. 

The publishers of Adams' Class Book have adopted the method 
practiced by the University, and no change seems to be desired. 

Form 3. School Ledgers. 

These books bear the same relation to the Daily Register and 
Class Book that the merchant's ledger does to his day-book and 
journal. In this age of progression and universal systematizing, 
this book is deemed by many of great importance. In some re- 
spects it would seem to be an essential accompaniment to the 
books already noticed. * 

For a description of this Ledger, the reader is referred to the 
publishers, and of its utility those who have used it for any con- 
siderable time are perhaps the best judges. It is noticed here in 
connection with this excellent system of School Registers which 
should be adopted by every School Board in our State. 

This whole system has been used for a considerable length of 
time in the No*-mal University, and is considered by President 
Edwards and his associate teachers, as the best they have used. 



264 



FORMS FOE THE USE OF SCHOOL OFFICEES. 



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FORMS rOE THE USE OF SCHOOL OFFICEES. 265 

The object of this report is apparent. It is designed to bring 
the schools of the State under the more immediate supervision of 
the County Commissioner and the State Department of Public 
Instruction. Teachers of common schools in each county, report- 
ing statistically the state of their respective schools to the County 
Commissioner, monthly^ as indicated by the heading of the form 
on the opposite page, adding also, in the blank space below, 
under the heading of "Remarks," such written information as 
may be deemed proper and useful, will, it is expected, not only 
be assisted in bringing their respective schools under proper dis- 
cijDline, but the work of supervision, as exercised by the county 
officers and the State Superintendent, will be greatly aided and 
facilitated, and the State Department will be regularly supplied, 
and at short intervals, with accurate and reliable data for repre- 
senting the actual condition of the Public Schools in the several 
counties. 

Although these reports were not issued by this Department until 
the latter part of February last, yet they have been adopted by 
quite a majority of the counties in the State. Several Commis- 
sioners have already felt the good results flowing from this system, 
and are of the opinion that it will greatly add to the efficiency of 
our Free School System. 

The effectiveness and success of the plan here introduced will 
depend mainly upon the promptness and correctness with which 
teachers attend to the duties assigned them, and I confidently rely 
upon their willing and hearty co-operation. 

Proper blanks for these reports being furnished to teachers 
gratuitously by the County Commissioners, it may be confidently 
hoped that there will be no laxity on the part of the teachers in 
properly making out their reports and promptly forwarding them 
to the County Commissioner at the end of each school month, 
as required in the report. 

Form 5. Teachers' Schedules. • 

The form for Teachers' School Schedules is given in section 53 
of the School Law, and need not here be repeated. There are 
many forms printed, most of which conform to the form given in 
the Law, but the best we have seen are those published by Adams 
& Blackmer. The advantages of these schedules are as follows : 



266 FORMS FOE THE USE OP SCHOOL OFFICERS. 

1. The ruling is wider tlian other schedules, which enables the 
teacher to write the names of pupUs more easily. 

2. The alternate light and heavy lines across the face of the 
schedule assist the teacher in following the desired line in making ' 
his record, as he approaches the close of the term. 

3. It is divided by dark blue lines into months, which will also 
aid in keeping the record correctly and easily toward the close 
of the term. 

4. The pupils are all numbered down the margin of the sched- 
ule, which, at a single glance of the eye, gives the number of 
pupils recorded on the schedule. 

5. The certificates are placed on the back" of the sheet, giving 
the teacher the advantage of the whole page, thus making it more 
economical for the teacher. 

6. It is arranged for the first five days of the week, and for 
four weeks as a school month, according to the formula given in 
the School Law. It seems clear that the Legislature intended, 
at least, to fix the rule that five teaching days shall constitute a 
week of the school term, as appears from the form of schedule as 
given in section 53 of the School Law. The confinement of pupils 
in school five consecutive days in each week is as much, it may 
may be assumed, as is profitable or healthful. 

7. The decisions of the State Department upon the length of 
a school month is also printed on the back of the schedules, hop- 
ing thereby to prevent any misunderstanding which might arise 
between teachers and du-ectors upon this subject. 

8. The following formula for keeping the Schedule is also placed 
on the back of the schedule, so that inexperienced teachers cannot 
well mistake the manner in which it is to be kept : 



FORMS FOR THE USK OF SCHOOL OFFICERS. 



267 




From the above it wiU be seen-fthat the names of the months are 
to be written in the columns for months, at the top of the sched- 
ule, and that the days of the month are to be numbered m the 
blank space immediately above the days of the week. And fur- 
ther it will be observed that the pupUs are aU numbered m the 
first column, at the left hand side of the schedule, that the names 
of the pupils are all to be written in the second column, their 
ages in the third, and their attendance in the several columns fol- 



268 FOEMS FOR THE USE OF SCHOOL OFFICEES. 

lowing, their presence being denoted by a small mark, and their 
absence by a blank, according to section 53, School Laws of 1861. 
At the close of the term the teacher must add up and set down 
the whole number of days attendance of each scholar, and add 
up said whole numbers and make out the grand total number of 
days attendance. He shall also note the whole number of schol- 
ars — the males and females separately — and the average daily 
attendance, and shall set the age of each pupil opposite the name 
of said pupil, as in the form above, and shall attach thereto his 
certificate, the form of which is given in the law, and need not 
be repeated here. 

The columns denoting the number of scholars, male and female, 
and the average daily attendance, required by the law to be re- 
ported, together with the grand total number of days attendance, 
the amount paid the teacher per month, the total amount paid the 
teacher during the term, and also a blank receipt for the money 
received from the Township Treasurer, upon the schedule, are 
all printed on the back of the schedule for the convenience of the 
township officers and others interested in its examination. 

The blank books and forms, specimens of which are here pre- 
sented, are precisely what is needed to remedy the numberless 
evils resulting from the general mismanagement of our school 
interests ; and here I am not only induced to unite most cordially 
with the State Convention of School Commissioners, referred to 
at the commencement of this article, in an official recommenda- 
tion of them, but to insist upon their introduction into every 
School District in the State. 

I am satisfied that the general introduction of these forms into 
the counties. Townships and School Districts of the State, would 
insure a more uniform and thorough method of business in the 
administration of our school officers, remove to a great extent the 
causes of local disagreements and litigations, and lessen the labor 
of the State Department many fold. Our letter files will show 
that the largest correspondence of the Superintendent's office has 
reference to difficulties arising out of business misunderstandings 
and disagreements, while these last are very largely attributable 
to the disorderly and slipshod manner in which the records of 
school business are kept. Let every School Commissioner, Board 
of Trustees and Township Treasurer, every Board of Directors 



FORMS FOK THE USE OF SCHOOL OFFICERS. 269 

and School Teacher in the State be supplied with these invalua- 
ble forms, and I entertain no doubt that the friends of Education 
will soon witness the inauguration of a new and better order of 
things in the business workings of our Common School System. 
Their cost is trifling compared with their great value and import- 
ance to every School and School District tlu-oughout the State, 

We will only add, that school officers are authorized by the 
law to appropriate from the School Fund a sufficient amount to 
purchase whatever books and blanks may be necessary for their 
use. 



INDEX TO THE LAW. 



#AQE. 

Accounts of treasurer, how to be kept 19 

Acts, this act not to repeal special acts. ... 25 

what, repealed by this act 29 

this act to be in force, when 29 

Actions. See "Suits," 

Advertisement of sale of school land 24 

See "Notice." 

Apportionment, how made among townships 8 
funds to schools composed of different 

districts 11 

how made in forming new districts 11 

Attachment, in what cases, may issue 16 

Auction, lands may be sold at, by trustees 13 

Auditor of public accounts, his duties 23 

shall make dividends of school funds. . 23 

shall issue warrants for same 23 

to be furnished with transcripts of sales 28 
shall issue patents to purchasers of 

school lands 28 

may issue duplicate copies of patents 29 

Bonds, of superintendent 5 

of school commissioners • 6 

form of 7 

of township treasurer, where to be filed 7 

directors may issue for borrowed money 15 

how such are to be executed 15 

Books of township treasurer 19 

for school commissioner, how paid 

for 7 



Causes of action, existing to remain valid 25 
See "Suits." 

Certificates, of board of directors 14 

of teachers, must be exhibited 17 

grades of 16 

of teachers, to be attached to schedules 18 

form of. IS 

of directors, to be attached to schedules IS 

form of 18 

of purchase to be given 28 

of purchase, duplicates may issue 28 

Circulars, to be issued by superintendent. . 5 

Cities. See "Towns and Cities." 

Clerk of board of trustees, how appointed 10 

duties of 10 

must join in executing conveyances.. . 10 

of board of directors 13 

of board of directors to sign bonds. ... 15 

county, to make computation of taxes 14 

computation to be final 14 

shall deliver to treasurer certificate of 

amount due 14 

how to proceed where a district Is in 

two counties 15 

Collector, county, to pay over taxes to 

township treasurer 15 



PAGH. 

Collector, In case of refusal to pay over, 

may be sued 15 

not liable for taxes he could not collect 15 
to pay over taxes on warrant of auditor 23 

to pay gold and silver 23 

Collector may be proceeded against in coun- 
ty court 23 

compensation of 23 

Compensation of superintendent 6 

of collectors 23 

of commissioners 23 

of township treasurers 23 

of county treasurers 23 

Common school lands. See "Lands" and 

"Real Estate." 
Common school funds. See "Funds" and 

"Moneys." 
Commissioners. See "School Commission- 
ers." 

Compromise, may be made by trustees 13 

Consolidation of two or more districts 12 

Contracts to remain valid 25 

directors shall not be interested in . . . 14 
Conveyances, of school sites, how executed 12 

to trustees, how to be made 13 

of school lands, how made 28 

Costs, none to be charged against school of- 
ficers, in certain cases 25 

of suits for trespassing on school lands 2G 
See "suits." 
Counties, not collecting funds, to receive 

none 21 

how taxes are to be distributed to 23 

Courts, county, may remove school com- 
missioners 7 

may require new bonds from commis- 
sioners ; 7 

shall have jurisdiction in trespass to 

school lands 26 

shall have jurisdiction in actions against 
collectors 28 



Damages may be awarded against collector 15 

may be awarded on breach of mortgage 80 

Devise, may be bequeathed to trustees.... 12 

Debts, due to schools, to be first paid 20 

Directors, school or district 

duty of, to transfer pupils 11 

to have control of schools formed from 

two or more districts 11 

to draw orders for money 11 

to pay share of expenses 12 

to have control of school houses, etc. . 12 

may convey school site 12 

election of 13 

in case of vacancy in board of, how 

filled 18 

election may he postponed 18 

to appoint a clerk — duties of 13 



272 



INDEX TO THE LAW. 



PAGE. 

Directors shall not be trustees 14 

shall not be interested in contracts. ... 14 

may levy a tax for school purposes. ... 14 
shall determine amount necessary to be 

raised for school purposes 14 

shall determine what rate per cent, shall 

be levied 14 

shall make known estimates, with a list 

of tax payers to county clerk by cer- • 

tificate 14 

form of certificate 14 

shall inform collector, where districts 
are composed of several townships, 

to what treasurer to pay over taxes . 15 
how to proceed where a district is in two 

counties 15 

Du'ectors, school or district — 

may borrow money 15 

to be a body corporate, etc 15 

may purchase libraries 14 

shall establish schools, erect houses, etc 15 

shall visit schools 15 

shall appoint teachers 15 

may dismiss them 15 

may expend surplus moneys 14 

liable for balance due teachers 15 

when execution may issue against. ... 15 

shall examine and certify to schedules 18 

form of certificate 

shall file schedule with treasurer 18 

not to certify schedule in certain cases. 13 
exempted from working on roads and 

serving on juries 24 

liabilities of 24 

penalty for failing to perform duties.. 24 
heretofore appointed, to continue in of- 
fice until successors are elected 25 

See " OfiBcers of schools," 
Directors of union schools, how appointed 

and their duties 11 

Distribution, how male in forming new dis- 
tricts 11 

how made in dividing districts 12 

of taxes, to counties 23 

Districts, school, may be formed from two 

or more townships 11 

pupils, from two or more, may be trans- 
ferred 11 

when several districts are consolidated, 

new district to own the property. ... 12 
in case of division of funds to be distrib- 
uted 12 

when composed of two or more town- 
ships, how to collect taxes 14 

when situated in two counties, how tax- 
es are to be collected 15 

Dividends, of school tax, to be declared by 
auditor to be paid on auditor's war- 
rant 23 

Elections, of superintendent of public in- 
struction 5 

of school commissioners 6 

of trustees of schools 9 

ti'ustees to act as judges and clerks of. 10 

manner of conducting, for trustees. ... 10 

qualification of voters at, for trustees. 10 

in case of a tie in, for trustees 10 

judges of, to deliver to school commis- 

■sioner poll book and certificate 10 

poll book and certificate to be evidence 10 

of school directors 13 

judges of, their duty 13 

for purpose of raising funds, to be sub- 
mitted to the people 15 



PAGE, 

Elections shall be held before issuing bonds 

for borrowing money 15 

shall be held in order to erect or change 

school houses 15 

Evidence, receipt of township treasurer 

shall be 8 

school commissioner may give 9 

poll book and certificate of election to be 10 
poll book and certificate of election to 

be 14 

Examination, of books, notes, accounts, 

etc., to be made 12 

of teachers 16 

Executions. See " Judgments and Exe- 
cutions." 
Exemption, of school officers from working 

road, serving on juries, etc 24 

Expenses of supporting schools, how paid. 14 
Executors and administrators shall pay 

school debts first 20 

Fines. See " Penalties." 

Funds, may be withheld by superintendent 6 

county, may be loaned 8 

tax, how divided in formation of new 

districts 11 

how distributed by trustees 11 

trustees may make orders for collec- 
tion of 11 

how distributed in division of a district 12 
Funds, not to be paid out except as desig- 
nated 17 

what shall constitute the principal of 

school 22 

no part of school, to be expended .... 22 

how to be paid out 22 

form of order 22 

what shall constitute school 22 

where a county fails to collect taxes, 

not to be received by such county. . . 22 

state to pay interest on school 22 

dividends to be made by auditor, of 

school 23 

to be paid on auditor's warrants. . ... 23 
not to be paid to local treasurer in cer- 
tain cases 25 

persons of color to have benefit of. . . . 25 
statement of, to be made by commis- 
sioner 28 

See "Moneys." 

Gifts and grants may be made to trustees 12 

Improvements, liable to be destroyed, not 

to be included in mortgages 20 

Indictments, persons liable to, for trespass- 
ing on school lands 26 

Interest, on money loaned, account to be 

kept by commissioners 7 

of county fund, how to be applied. ... 8 

what rate of, may be levied by directors 15 

on money borrowed by directors 15 

rate of, on money loaned by treasurer 19 

proceedings in case of failure to pay.. 20 

to be paid by the state on school fund 22 

Judgments and executions, real estate may 
be purchased by trustees in satisfac- 
tion of 13 

for damages against collector 15 

in what cases executions may issue 

against trustees and directors. ; 16 

may be rendered by county court 

against collector 16 

in case of, against treasurer 24 

to be a lien from date of process 24 



INDEX TO THE LAW. 



273 



PAQE. 

Justices of the peace to have jurisdiction in 

certain cases 26 

to have jurisdiction in certain cases. .. 26 

in case of failure to pay over fines, etc. 26 



Lands, school, petition for sale of, to be re- 
corded 7 

account of sales of, to be kept 7 

purchases of, declared valid 13 

leases of, to remain valid 26 

heretofore offered for sale, how to be 

sold 25 

what shall constitute a school 25 

business of townships shall be transact- 
ed in the county which contains the 

gi'eatest portion of 26 

penalty for cutting trees on 26 

penalty for trespassing on 26 

sales of, how to be made 26 

what number of inhabitants a township 

shall contain in crder to sell 26 

how to be subdivided 27 

terms of sale of 27 

place of selling 27 

notice of sale of 27 

school commissioners shall sell, and 

how 27 

payment for, how to be made 27 

unsold, how to be disposed of 27 

certificate of purchase to be given. ... 23 

statement of sales of, how made 28 

transcript of sales of, to be made to au- 
ditor 28 

purchasers of, to receive a patent 28 

See "Real Estate." 

Leases of school lands to remain valid 25 

Liabilities, of school officers 24 

Liabilities, real estate bound for claims 

against school officers 24 

See "Penalties." 

Libraries, may be purchased by directors 14 
Liens, process against school officers shall 

be from date 24 

Loans, of money by treasurer, to be made 19 



Mandamus, may be issued in certain cases 16 

Maps, of townships to be prepared 11 

to be certified and recorded 11 

Meetings, for examination of teachers.... 17 
Moneys, to be delivered by school commis- 
sioner to successor 8 

may be loaned by school commissioner 8 
to be paid on order of the directors. .. 11 
for use of township to be paid to treas- 
urer 13 

for school purposes may be raised by 

directors . 14 

rate per cent, to be determined by di- 
rectors 14 

may be borrowed by directors 15 

surplus, may be expended by directors 14 

may be loaned by treasurer 19 

additional security may be required . . 20 
See "Funds." 
Mortgages, in name of school commissioner 

declared valid 8 

suits may be brought on, and how 8 

may be canceled by trustees 13 

to be taken for money loaned by treas- 
urer 20 

in case of breach suit may be main- 
tained 20 

improvements liable to be destroyed 

not to be included in 25 



PAGE. 

Negroes. See " Persons of color." 
Notes, in name of school commissioner de- 
clared valid 8 

how suits may be brought on 8 

may be canceled by trustees 18 

may be taken by treasurer for money 

loaned 20 

Notice of sale of school site to be posted.. 12 

of sale of real estate. , 12 

of election of directors 18 

of election to borrow money 15 

of election to change school houses. ... 15 

of meetings for examination of teachers 17 

of sales of school lands 27 

Office, term of, of superintendent 5 

oath of, superintendent 5 

term of, school commissioners 7 

term of, trustees 9 

school commissioners to continue in, 

until successors are elected 25 

trustees of schools to continuo in, until 

successors are elected 25 

directors to continue in, until success- 
ors are elected 25 

Officers of schools, exempted from working 

roads, serving on juries, etc 24 

liabilities of 24 

real estate of, subject to lien 24 

subject to penalty for falling to do duty 24 

of schools responsible for losses 24 

not liable for costs in certain cases. ... 25 
heretofore appointed to continue in of- 
fice until successors are elected 25 

in towns and cities, their duties 25 

of courts, not to require costs in certain 

cases 25 

In case, fail to pay over fines, etc 26 

Patents, to be given to purchasers of school 

lands 28 

how to be issued 23 

duplicate copies of, may be issued. ... 28 

PajTnent, for school lands, how to be made 27 
Penalties, what, collectors may be subject 

to 15 

Penalties, what, township treasurer may 

be subject to 21 

what, school officers may be subject to 24 
what, school officers may be subject to 

for failing in their duties 24 

what, in case of false returns 24 

how disposed of 24 

for cutting trees on school lands 26 

for trespassing on school lands 26 

how collected 26 

how disposed of 26 

Persons of color, have benefit of school 

fund in certain cases 25 

Petition, for sale of school lands shall be 

presented 26 

how, shall be signed, etc 26 

Postage of superintendent, how paid 6 

Process, in what case to issue 16 

how to be served 16 

from date sliall be a lien 24 

President of board of ti-ustees, how appointed 10 

duty of 10 

of board of directors to sign bonds. ... 15 
Property of a district to be distributed in 

case of a division 12 

Pupils of two or more districts, how trans- 
ferred 11 

Purchase of real estate by trustees 13 

of school lands by persons, how made. 27 

certificates of, to be given 27 



214: 



IXDES TO THE LAW. 



PAGE. 

Purchasers of school lands to receive pat- 
ents 28 

may obtain duplicate patents 2S 

Qualifications of teachers 16 

Real estate, taken for debts may be resold 9 
may be purchased by trustees in cer- 
tain cases 13 

title to, to vest in trustees in certain 

cases .. 12 

may be deeded to trustees in com- 
promise 13 

may be sold at auction by ti'ustees 13 

sales of, how made 13 

purchases of, declared valid 13 

shall be bound for claims against school 

olEcers from date of process 24 

sale of, shall not defeat hen 24 

may be sold in satisfaction of judgment 24 
See " Lands." 

Removal of township treasurer, how made. 18 

of teachers, how made 16 

Reports of superintendent 6 

when to be made to governor 6 

to be laid before general assembly .... 6 

of schools in towns and cities 25 

Returns, in case of officers making false. . . 24 
Rules and regulations may be made by su- 
perintendent 6 

Salary of superintendent 6 

when and how paid 6 

See " Compensation." 

Sales of school houses and sites 12 

of lands at auction 13 

shall not affect lien on real estate 24 

of school lands, how to be made 26 

of school lands, terms of 27 

of school lands, place of selling 2T 

of school lands, advertisement of. 27 

of school lands, to be made by commis- 
sioner 28 

of school lands, payments how to be 

made 27 

unsold lands subject to private sale 27 

statement of, to be made by commis- 
sioner 29 

transcript of, to be furnished to auditor 28 
. Schools, under supervision of superintendent 5 
information respecting, to be commu- 
nicated to superintendent, 

to be visited by school commissioner. 8 
may be established comprising pupils 

of different districts 11 

Tprhen so established, how supported. . . 11 

Schools, directors to have control of 11 

expense of supporting, how paid 11 

union, how formed 11 

devise or grant may be made to 12 

directors to determine amount necessa- 
ry for 14 

to he established by directors 15 

not to be extended longer than six 

months 15 

School commissioners, to advise with super- 
intendent 5 

when and how elected 6 

to give bond 6 

condition and penalty of bond of. ... . 7 

action may be maintained on bond of. T 

form of bond of 7 

liable to be removed by county court. 7 

shall give new bond if required 7 

vacancy in office of, how filled 7 

to provide books of record 7 



PAfJB . 

School commissioner, to rcovd plats, etc. 7 

to record petitions for sale of lands. ... 7 

to keep an account of sales of lands. . 7 

to keep an account of money loaned. . 7 

books, how paid for 7 

shall file bond of township treasurer. . . 7 
shall deliver to township treasurer all 

bonds, notes, mortgages, etc 7 

shall take receipt for same S 

receipt to be evidence , . $ 

shall make apportionment among town- 
ships, and how 8 

shall pay over distributive share to 

treasurer annually. 8 

shall loan county fund 8 

interest, how to be applied 8 

shall give information to superintend- 
ent 8 

shall deliver to successor all property 

on expiration of oflBce 8 

may loan moneys in same way as treas- 
urers 8 

notes, mortgages, etc. , in name of, valid 8 

suits may be brought in name of 8 

duty of, to visit schools, to give direc- 
tions, etc 8 

to have primary jurisdictiim 8 

may employ a competent person to 
furnish information, statistics, etc., 

in certain cases 8 

person so employed to have access to 

books, papers, etc., of township 9 

to pay compensation to person so em- 
ployed 9 

to collect amount so paid in action 

against trustees 9 

may be witness in such action 9 

money so recovered to be paid over to 9 
may resell real estate taken for debts. 9 
may retain percentage for selling. ... 9 
shall examine teachers and give certifi- 
cate 16 

may revoke certificate 16 

to fix a time for examining teachers. . . 17 
may proceed against collector in coun- 
ty court. 23 

compensation of 23 

exempted from working roads, serving 

on juries, et* 25 

liabilities of 24 

penalty for failing to perform duties. . . 24 

term of office of 25 

not to pay funds to local treasurer in 

certain cases 25 

may bring suits against ofl&cers failing 

to pay over fines, etc 26 

shall sell school lands, and in what 

manner 26 

shall give to purchaser certificate 28 

shall make statements of sales, moneys 

etc 28 

shall furnish to auditor transcript of 

sales 28 

School directors. See "Directors." 
School fund. See "Funds" and "Moneys." 
School houses, title to, vested in trustees. 12 

control of, vested in directors 13 

may be conveyed by directors 13 

shall not be erected or charged without 

an election 15 

School knds. See " Lands" and "Real estate." 
School sites. See "Sites." 
School trustees. See " Trustees of schools." 
School taxes. See " Taxes." 

Schedules, shall be kept by teachers 17 

what, shall contain 17 



IXDEX TO THE LAW. 



275 



PAGE, 

Schedules, form of IT 

to be certified by teachers IS 

to be delivered by directors IS 

to be examined by directors IS 

to be certified by directors \d 

to be filed with treasurer IS 

not to be certified in certain cases IS 

Section, sixteenth, declared school lands.. 25 
Securities, bound for demands against prin- 
cipals 24 

of school commissioner not exempted 

from liabilities 24 

additional may be required in certain 

cases 20 

Settlement may be made with trustees by 

persons indebted 18 

Sites for schools, sales of, how made 12 

purchases of, how made 15 

Sixteenth section, declared school lands.. . 25 

State shall pay interest on school fund. ... 22 
Statement of condition of schools to be 

prepared 11 

what shall be contained in , 11 

of treasurer to be laid before trustees 21 

what shall be contained in such 21 

of sales of land and moneys received 

by commissioner 28 

Stationery, allowed to superintendent 6 

Suits, may be brought on notes, mortgages, 

etc., by commiibiuner S 

school commissioner may be a witness 

in 9 

may be brought against treasurer. .... 13 
may be brought against collector for 

refusal to pay over ; , 15 

damages to be awarded in 16 

may be maintained for breach of condi- 
tion in a n\ortgage 20 

how brought for interest on money 

loaned 21 

all suits may be brought in name of 

trustees 21 

may be brought against treasurer, on 

bond 21 

may be brought in county court against 

collector 15 

may be brought against trustees for in- 
sufficiency of treasurer's securities. . 24 
may be brought against officers failing 

in their duty 24 

costs of, not to be charged in certain 

cases 25 

may be maintained fjr trespassing on 

school lands 25 

may be maintained for cutting trees on 

school lands 25 

how brought for penalties 25 

how brought against purchasers of 

lands 27 

Superintendent of public instruction, when 

and how elected 5 

tei-m of offlce of 5 

oath of office of 5 

office of, where to be kept 6 

bond of, penalty and condition of 5 

books and documents to be preserved 

by 5 

record to be kept by 5 

to pay over moneys 5 

to advise school commissioners and 

teachers 5 

to have supervision of schools 5 

to issue circulars 5 

to make reports to governor 6 

to issue state certificates 6 

contents of report of 6 



PAGE. 

Superintendent of public instruction, to 

make rules and regulations 6 

to explain and interpret this act. ..... 6 

his decision to be final except in certain 

cases 6 

may cause funds to be withheld 6 

salary of, when and how paid 6 

to be allowed postage, stationery, etc. . 6 
shall superintend pubhcation of this 

act , 29 

shall distribute this act, and in what 

manner 29 

Taxes, school, how distributed when new 

district is formed 11 

directors may levy 14 

to be computed by county clerk 14 

how collected li 

to be paid by collector to township 

treasurer 15 

in case of refusal of collector to pay 

over 15 

Tas:es,_ school, how collected where district 

is in two counties 15 

shall not be levied for extending school 

longer than six months 15 

two mill, to constitute school fund. ... 22 
where county fails to collect, it shall 

receive none 22 

dividends of, to be made by auditor. . 23 

levied, to remain valid 25 

persons of color to have benefit of 25 

Teachers, balance due them after fund is 

exhausted, how collected 15 

to be appointed by directors 15 

compensation of, regulated by direc- 
tors 15 

may be dismissed by directors 15 

to be examined by commissioner 16 

qualifications necessary for 16 

to receive certificate ^ 16 

form of certificate - 16 

meetings for examination of 17 

in case of failure of, to atfend examina- 
tion 17 

to exhibit certificate before receiving 

fiintls 17 

may teach particular branches in cer- 
tain cases 17 

shall keep schedules 17 

form of schedules 17 

shall attach certificate to schedules. ... IS 

to deliver schedules to directors IS 

not receive compensation until sched- 
ule is filed IS 

Title to trustees to vest in trustees in cer- 
tain cases 13 

Towns and cities, special acts of, not changed 

by this act 25 

officers of, having in charge school, du- 
ties of 25 

Townships, appointment among how made 8 
distributive share of, to be paid to treas- 
urers annually 8 

business of, to be done by trustees. ... 9 

to be body corporate 9 

terra of, name of and style of 9 

to be biid off in districts 11 

map of to be prepared 11 

school districts may be formed from 

several t 11 

when divided by county line separate 

enumerations to be made 13 

to be considered as incorporated by this 

act 25 

Township treasurer. See "Treasurer." 



216 



INDEX TO THE LAW. 



PAGE. 

Transcript of sales of school lands to be fur- 
nished to auditor 28 

Treasurer, township, bond of, to be filed by 

school commissioner 7 

moneys, bonds, etc., to be delivered to, 

by commissioner 7 

to give receipt for same 7 

receipt of, to be evidence 8 

distributive share to be paid to, annual- 
ly S 

how appointed 9 

township, accounts of, to be examined 12 
proceeds of sales of school sites, to be 

paid to 12 

moneysfor use of townships to be paid 

to 13 

may be removed by trustees 13 

may be sued on bond 13 

collector to pay over to, full amount of 

tax 15 

schedule to be filed with 18 

to give bond and security IS 

form of bond of 19 

to provide boolis andlieep accounts. .. 19 

accounts, how kept 19 

shall loan money 19 

terms on which, shall loan money .... 19 

may require additional security 20 

if not given, shall institute suit 20 

shall have debts due probated and 

classed 20 

may bring suits for interest on loaned 

money 21 

shall keep all moneys, books, &c., of 

township 21 

shall make statement to trustees, on 

certain days 21 

what sliall be contained in statement of 21 
V»vialty in case of failure to perform 

duties 21 

not liable in certain cases 21 

to deliveiv money, books, &c., to suc- 
cessor 21 

in case of death of 21 

Treasurer, township, compensation of 23 

exempted from working roads, serving 

on juries, etc 23 

liabilities of 24 

Trees, penalty for cutting, on school lands 26 

Trespass on school lands, how punished. . . 26 
Trustees of schools to be body corporate 

and politic. 9 

name and style of 9 

term of office 9 

eligibility of 9 

election of 9 

election of, may be postponed in cer- 
tain cases 9 

to act as judges and clerks at elections 10 
in case of refusal of, to serve at elec- 

_ tions 10 

time and manner of electing 10 

qualifications of voter for 10 

in case of a tie in election 10 

in case of a vacancy in board of 10 

to be successors to trustees of school 

lands 10 

property to be vested in 10 

to hold semi-annual meetings 10 



PAGE. 

Trustees, special meetings of, how called. . 10 

how board of shall be organized 10 

may appoint a president 10 

may appoint a township treasurer M 

may remove officers for cause 10 

duty of president of board of 10 

duty of clerk of board of 10 

must lay township off into districts. ... 11 

to prepare map of township 11 

may form school districts from several 

townships 11 

to make division of taxes in new dis- 
tricts, and how 11 

funds, how to be distributed by 11 

may make orders for collection of funds 11 
to ascertain amount in hands of treas- 
urer 11 

to draw on treasurer for payment of 

teachers 11 

may appoint directors of union schools 11 
shall make statements of condition of 

schools 11 

what shall be contained in statement of 11 
duty of, in case township is divided by 

county line 12 

shall make examination of books, mort- 
gages, etc 12 

may receive devise, gift or grant 12 

vested with title and custody of school 

houses 12 

president and clerk of board of, to ex- 
ecute conveyances 12 

to distribute funds, etc., in division of 

district 12 

shall cause all moneys to be paid to 

treasurer 13 

may remove township treasurer 13 

may sue township treasurer 13 

may purchase real estate in satisfaction 

of judgment 13 

title to such estate to vest in, for school 

purposes 18 

may settle with persons indebted 13 

may receive deeds to real estate in com- 
promise 13 

may cancel bonds, mortgages, etc .... 18 

may lease or sell lands at auction ..... 13 

shall not be interested in contracts. ... 14 

shall not be director 14 

execution may issue against 16 

exempted from working roads, serving 

on juries, etc 23 

liabilities of 24 

liable for sufficiency of treasurer's se- 
curities 24 

penalty for failing to perform duties . . 24 
to continue in office until successor is 

appointed 25 

how to proceed in selling school lands 27 
Trustees of school lands, trustees of schools 

declared successors of 10 

Vacancy in office of school commissioner, 

how filled 7 

Vacancy in board of trustees, how filled... 10 

Witness, school commissioner may be 

See '"Evidence." 



INDEX TO MANUAL. 



PAGE. 

Appobtiosment by Commissioner 42, 155 

" by Trustees 6T, 72, 162 

' ' of proceeds and school prop- 
erty 75,16T 

Bond : of State Superintendent 86 

Commissioner 40 

Treasurer 77, 170 

for use of district 253 

Commissioner : election of 40 

to take oatii 40 

to give bond 40 

to make statistical report 40 

to make written " ;.. 42 

to keep records 45 

to report to county court or board 46 

to forward transcript to auditor 46 

to decide questions, &c 47 

to examine teachers 52, 156 

to appoint times for public examina- 
tions 156 

may appoint examiners 157 

examiner not school officer t . 157 

may examine in higher branches . . ... 157 

fee for certificate 157 

cannot antedate certificate 157 

not grant certificate to immoral persons 157 
to revokecertificateof immoral persons 157 
to exercise supervision over schools. •. . 51 

to visit schools 57 

power of, while visiting schools 57 

teacher's report to 55 

to apportion school funds 42 

basis of apportionment y 155 

how to apportion wlien township lies in 

two counties 155 

to withhold funds in certain ca- 
ses 43, 155, 156 

to sell school lands 44, 15S 

to give notice of sale 15S 

expenses of notice to be paid by 158 

" advertising to be paid by. 158 

may loan money paid for school lands. 158 
effect of neglecting to take mortgage. . . 158 
omission to record proceedini;s oif sale. . 160 

to receive fines and forfeitures 49 

false returns to, penalty of 156 

to encourage county institutes 48 

compensation of 50, 158 

Compensation: of state superintendent. . . 6 

of commissioner 50, 158 

of treasurer 88 

Directors : election of 90 

who may call election of 90 

to be judges of election 90 

may adjourn election 90 

failure to give notice of. 90 



FAQE. 

Directors: to decide election by lot 

in certain cases 90 

to certify poll book 90 

to return poll book to treasurer 90 

election of, to be on Monday 93 

election by plurality vote 92 

election of on regular day valid, with- 
out notice 93 

to draw lots at first meeting 91 

to hold over when election fails 92 

election may be contested 152 

eligibility of 94 

vacancies in board of 90 

acts valid if not elected on regular 

day 93,151 

may be sworn 93 

may resign 93 

office of, vacated by removal 93 

two dii'ectors a quorum 93 

cannot be trustee 94 

cannot be teacher 1S4 

a body corporate 94 

board perpetual 95 

organization of board 94 

to appoint a clerk 94 

acts of not valid unless passed in meet- 
ing 94 

to keep schools in operation 95, 180 

cannot unite public and private schools 1S3 
may make rules and regulations. . . .96, ISl 
may continue schools longer than six 

months 96, ISO 

may admit persons over twenty-one. 97, 1S2 

" non-residents 97 

to encourage attendance of pupils. ... 97 

to prescribe branches 99, 1^2 

to appoint text books, &c. . . 99 

to appoint teachers 102 

to examine certificate 103 

to fix salary of teacher 104 

cannot borrow money to pay teacher. . 184 

may dismiss teacher 104, 183 

boarl of, only liable for teacher's wages 184 

to certify schedules 185 

cannot certify schedule reaching back 

more than six months 196 

failure to certify and file schedule 186 

not pay schedule till after apportion- 
ment IS) 

orders on treasurer, how drawn 1S7 

may order money only of treasurer. . . . 1^6 

may purchase school sites 94 

may borrow money and issue bonds. . . 94 

to preserve school property 99 

to levy tax to support schools 99 

may use surplus funds 100 

duty of, toward union schools 102 

how to dissolve union schools 102 

not personally liable for acts performed 

under the law 1S8 

penalty for neglect of duty 100 



278 



IXDEX TO MAXUAL. 



PAGE. 

Diplomas : state, issued by state superin- 
tendent 39 

Elections : of state superintendent 85 

of commissioner 40 

of trustees 6S 

of directors 90 

notices for 145, 1S8 

may be held in afternoon 146 

wiien polls of are to open and close ... 146 
may be held though no notice given. . . 146 

judges of 14G 

ballots, when to be received 147 

who may vote at 147 

when the vote is a tie 147 

plurality vote elects officers 148 

poll book of township to be returned to 

commissioner 148 

poll book of district to be returned to 

treasurer ' 148 

may be adjourned 148 

failure to hold 151 

refusal to call 151 

held on wrong day 151 

manner of contesting 151 

first elections in townships and dis- 
tricts . . . . ; 152 

Fines and forfeitures 49, 174 

for trespasses , 83 

for neglect of duty or malfeadance. ... 24 

Forms: disti-ict election notice 248 

poll book for district - 248 

tally list " 243 

returns of district election 249 

certificateof " 249 

tax certificate ,' 249 

census reports 250 

contracts for teachel^ and directors. . . 250 

directors' report to treasurer 252 

" order book 263 

" bonds , 253 

" record 254 

township election notice 256 

poll book 256 

treasurer's bond 257 

' ' books 357 

notes for treasurer 259 

mortgages 2.59 

township census I'eport 260 

commissioners' record of examinations 260 

teacher's certificate 260 

commissioner's receipts 260 

" notes 261 

teachers' registers 261 

" class book 263 

" ledgers 263 

" monthly reports 264 

" schedules 265 

Graded Schools ... 209 

Holidays : right of teacher to 115, 202 

what days ai'e 202 

Interest : teacher entitled to 202 

on township fund 79 

on judgment in favor of trustees S3 

on bonds issued by directors 15 

Judicial Opinions and Decisions : 145, 215 

Non-Resident Pupils : may be admitted to 

schools 97 



PACK. 

Notices : of district election 90 

of township " 58 

of public examinations of teachers 156 

Penalty : for less than six months' 

school. . . , "0, 162 

for trespasses 26, S3 

for neglect of duty and malfeasance. . . 24 

Physical Culture : 246 

Pupils: at what age admissible 204 

question of residence 204 

non-resident, may be admitted 207. 

persons over twenty-one may be admit- 
ted .' 207 

under control of teacher 20t 

may be suspended or expelled. 207 

rights and duties of 208 

Report: of state superintendent 87 

of school commissioner 40, 46 

of trustees. ■ 59 

of directors 252 

of teachers ....110, 264 

Residence : .'V. . . ..^ . ... 204 

School : to be kept sLx months. ;70, 95^162, 180 

teacher for, how em ployed 102' 

teacher to kee)) report of. 116 

directors to appoint studies 99, 182 

non-residents admiuCed 97 

to be visited i, 57, 104 

School Apparatus : , 238 

School Architecture :.... 217 

School Furniture : 231 

School House and Site: 209, 212 

Superintendent: election of 85 

to take oath 36 

to give bond 86 

duties and powers ' 87 

to make rules and regulations 83 

to interpret and explain law 89 

decisions of, final and obligatory 153 

will not decide questions in litigation... 1.54 

may issue state diplomas 89 

compensation of 89 

Stamp Tax :. 2:'.8 

Taxes : to be assessed for support of 

voted for'buildVng," &c.'.'.'."... .'.'.".".117, 187 

divided, when district is divided 75, 167 

special tax for continuing school 96 

must be uniform 100 

not vitiated by omission to tax some 

property .' 188 

not vitiated by irregularities 189 

special tax to pay teacher in certain 

cases ; 185 

Teacher : directions to .' ... 103 

to exhibit certificate . .^ 103; 1Q5, 192 

to renew certificate 196 

assistant, to have certificate 199 

to keep schedule 115, 200 

toj-eturn " 115,200 

may dismiss school on holidays . . . .115, 202 

jurisdictfon over pupils 116 

may be dismissed 116 



I^'^DEX TO MAKUAL. 



279 



PAGE. 

Teacher: subject to directors 199 

entitled to wages wlien scliool suspend- 
ed by accident 199 

number of days must teacli for montli.. 200 

entitled to interest 202 

malie report to commissioner 110 

TKEAStTRER : appointment of 77, 175 

to execute bond 77, 170 

form of bond 19, 170 

■when new bond required 77 

may be sued on bond 77, 176 

deliver over money, papers, &o., to 

successor 77 

duties as clerk of board 78 

to report to commissioner 78 

to be custodian of school funds 73 

may loan town funds. 79 

circular to, concerning loans 79 

to collect interest 82, 170 

duties of, concerning defaulters 82 

to collect fines against trespassers 83 

custodian of district funds S3, 88 

duty of, when order is presented. ...84, 172 
not to pay orders unless money due. . . 86 

schedules to be filed with 87, 185 

compensation of 88 

exempt from road labor, &c 89 

cannot borrow school fund 171 

duties of, concerning fines and forfeit- 
ures 174 

Trustees : election of 58 

eligibility of 59 

vacancies in board of 58 

corporate body 59 

meetings of 59 

to report to commissioner 59 



PAGE. 

Trustees: to hold property in trust 60 

may purchase and receive real estate. . 60 

may receive gifts, grants, &c 61 

duties in sale of sixteenth section 61 

to lay off townships 61 

power of, in laying off townships 61 

may lay off districts in two townships.. 166 

to execute map 66 

cannot change boundaries, only a* reg- 
ular meetings 66, 165 

to apportion money to districts 67 

method of apportionment explained. . . 68 
apportion according to six months' 

rule 70,162 

basis of apportionment "x 72 

duty ofj in apportioning on sched- 
ules 73, 163 

duty of, to apportion on separate 

schedules 74 

personally liable 163 

to divide funds when district divi- 
ded 75,167 

title to houses vested in 60 

to sell school houses 76 

may sell school lands 168 

cannot borrow township fund 165 

acts valid though election on wrong day 151 
election of, may be contested 153 

TniTiON: may be charged for non-resi- 
dents 75 

for persons over twenty-one 97, 207 

Vacancy: in board of directors 90 

in board of trustees 58 

Voters : eligibility of at school elections. . 39 



Stereotyped by J. Conahan, Chicago Type Foundry, 



KOTE TO THE READER. 

The author regrets that some errors — typographical and otherwise — have 
found their way into this volume. They will be corrected as far as practicable 
in future editions, which will come more directly and critically under his per- 
sonal supervision, as they pass through the press. Fnder the circumstances 
attending the issue of the first edition, such supervision was impossible. For- 
tunately, the errors are such as every intelligent reader will be able to correct 
for himself. 

The extensive demand for the work will render it necessary to issue other and 
larger editions immediately, which can be done with facility. They will follow 
in such order as to keep pace with the demand. 

For " Plan of Second Floor," page 224, read Plan of First Floor. 
For " Plan of Third Floor," page 225, read Plan of Second Floor. 



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the latter of these Books, in a report that I made last year. My opinion, after another year's 
observation of their use, is unchanged ; they are the best Spelling-Books published in America. 
One great recommendation that they possess, with me, is that they are expressly prepared for teach- 
ing spelling by writing, instead of orally. Orthograph.v is the correct writing of words. It is only 
when we want to write a word that we want to know what letters and syllables compose it. The 
pupil that is tauglit to write his words correctly comes, by practice, to do so mechanically, 
unerringly, and without diverting his thoughts from his subject-matter. A spelling book well 
adapted to this object is, ipfto facto, one of the best of its kind. The compilation of Parker and 
Watson, in addition to its decisive excellence, is marked by the following veritable traits : Fu'st, 
a very judicious arrangement and classification of words; second, a good system of phonetic 
marks attached to letters ; third, the pronunciation of difficult words printed in full ; fourth, a, 
correct system of syllabication. They are evidently the productions of original mental penetration 
and actual school-room experience. For the present, at least, they bear the palm. 

Clark's Method of Teaching Grammar, in two numbers, accompanied by the 
" Chart," the " Key," and the •' Analysis." This novel system has excited much attention, 
and the publishers are assured by numerous educators, that it is " the only true onethod of 
teaching grammar.'''' The mind is addressed through the eye. Diagi'ams explain the rela- 
tions of words. A dry study is converted into a pleasant diversion, while the power of asso- 
ciation exerts its full effect upon the memory. Lindley Murray, his system and his imitations 
are passing away before the new light. 

Mrs. Emma Willard's School Historian, wbich engages a wide popularity. 

Smith & Martin's Book-Keeping. 

Mansfield's Political Manual. 

Peck's " Ganot's " School Philosophy; a splendid work of art — the illustrations 
were obtained from the plates of the original French work, wMch is the standard text book 
in France. 

Porter's Chemistry, two numbers, by Prof. Porter, of Yale College. 

Alphonso Wood's New Botanies. Leaves and Flowers, or Object Lessons in 
Botany. Neiv Class Booh of Botany. 

Emmon's Geology. 

Piyal & Van Norman's French Class Book. Grammar, Conversation, Litera- 
ture, Correspondence and a Lexicon in one volume, insures a thorough knowledge of the 



Boyd's School Edition of the British Poets. 

The School Teacher's Library, 17 volumes, in fine frame, B. & B.'s extensive 
list of over 800 volumes. Superior works may be selected in nearly every department that 
enters into Common School, Academic, or Collegiate Instruction. Teachers, School Com- 
missioners and all interested in the cause of education, are invited to send for the publishers' 
Illustrated Descriptive Catalogue, sent free to any address. 



FnVSICAZi, DESCRIPTIVE ASTD 

BUSINESS MAP OF ILLINOIS! 

Showing all the Townships, Sections, Railroads, Stations, Cities and Towns, 
and exhibiting in colors the 

Geological Featnres of tlie State, 

Also, its Climatology and Botany, together with Topographical and Statistical 
Tables, etc., etc., from recent surveys. 

Secretary of the Illinois Natural History Society. 
Size 40 Ijy 50 inclies, on Rollers, with Muslin Backs. - - Price $5.00 per copy. 

Address C. D. WILBER, cave Cobb, Pritchard & Co., 88 Lake St., Chicago. 
^p~ Ascnts wanted in every county. 



H^EOOMMElSTDATIOIvrS. 

Department of Public Isstruction, Springfield, May, 1864. 

Prof. Wilbev's new map, entitled, " Wilbur's Piiysical and Descriptive Map of Illinois," is 
issued most opportunely, and meets a want which has long been felt in our common schools, viz : 
a comprehensiFe, reliable, and at the same time, an attractive map of Illinois. Upon it are de- 
lineated distinctly and beautifully, all the physical and geographical phenomena of the State, 
which are susceptible of any map representation. We have ether maps of Illinois, some of them 
approved, but none, in point of design, delineation, and general instructiveness, are equal to this 
one. Prof. Wilber has given evidence, in the production of this work, of a scientific and chiro- 
graphical talent which will materially add to his previous eminent reputation. 

The map is encyclopedian in its design. It represents, most attractively and distinctively, so 
far as any mere surface representation can be given, the general geography, history, geology, 
climatology and botany cf the State, together with statistical facts, not cuHous only, but emi- 
nently useful and instructive. Its delineations are attractive and intelligible, the surface being 
ingeniously tinted with colors, bold and agreeable, illustrative of the suVijects presented to the 
eye. I cannot see how a greater body of valuable information upon the subject of the natural, 
physical and political geography of the State could be massed in equal compass, or how the sub- 
jects treated of could ije more attractively or more advantageously presented to the eye. 

The map is precisely adapted to the wants of our common schools, not only in the respects 
mentioned, but also in point of- size and price. It is handsomely mounted, measures 40 by 50 
inches and is afforded at a rate which must be thought reasonable for such a map in these times 
of high prices, being only five dollars per copy. I sincerely hope the map will find its way into 
all the public schools and families of the State. JOHN P. BROOKS, 

Supt. Pub. InstriKtion, 

Alton, Illinois. 
Your Map, containing so much useful and scientific information that may be taken in by a 
glance, and learned with scarcely a mental effort, is a characteristic and valuable feature of' 
modern instruction, when the immense amount of existing information requires labor-saving 
machines in the field of knowledge not less than in farmers' meadows and mechanics' shops. 
The citizens of Illinois will owe a debt of gratitude for your labors in their behalf, and the prac- 
tical bearing of the researches of the Illinois Natural History Society will command our esteem 
and admiration. W. C. FLAGO, 

Sec'y State HorticH Soc'y, 

Milwaukee, Wis., May Sth, 1S64; 
* * * It is gratifying to see that something more can be represented on our local maps than 
the mere political boundaries, the positions of embryo cities and railroad lines. The publica- 
tion of the geological features, showing especially the great extent of the coal resources, of the 
mean temperatures and quantity of rain-fall of Illinois, must confer upon that State a great 
public benefit. Very truly yours, 

I. A. LAPHAM. 



i^^THE BEST IS THE CHEAPEST! 




'AN BUFFiLO.n. '• 



Western School Furniture Works, 

(Established by W. Chase & Son, 1854.) 

HENRY M. SHERWOOD, Chicago, Sole Agent for the Northwest, 



SCHOOL DESKS AND SEATS manufactured IN EVERY STYLE. 



These Desks are graded for pupils of all ages ; are made of the best materials, and are furnished 
ore the best of terms. They are made by, or under the personal supervision of, Messrs. Chase & 
Son, who are practical cabinet makers. 

Every piece is warranted. This furniture has received the highest recommendations, and has 
already been introduced into many of the best schools in the Northwest, among which are the High 
and Ward schools of Chicago, Milwaukee and St. Louis ; also in the schools of Rockford, Janes- 
ville, Freeport, Bloomington, Jacksonville, Davenport, Kalamazoo, Joliet, Vandalia, Dubuque, 
St. Paul, etc., etc. To avoid the inconvenience and expense of transporting from the East, the 
manufacturers have established a depot in Chicago, where a complete assortment of the best 
Btyles can be had at Eastern prices. Samples set up, as in actual use, at our salesrooms. 

Ink Wells, School Apparatus, Globes, Maps, etc.. furnished on favorable tei*ms. 

An Illustrated Catalogue and information relating to School Furniture, Apparatus, &c., sent on 
application. Address 

HENRY M. SHERWOOD, 
I 12 Dearborn St. Chicago, llf. 



MITCHELL'S NEW SERIES OF GEOaRAPHIES. 

Mitchell's First Lessons in Geography. First Lessons in Geography 
for Young Children. Designed as an Introduction to the Author's New 
Primary Geography. Illustrated with Maps and Engravings. 

Mitchell's New- Primary Geography. An Easy Introduction to the 
Study of Geography. Introductory to the New Intermediate Geography. 
lUuj^trated with nineteen colored Maps and nearly one hundred Engravings. 

Mitchell's New Intermediate Geography. A System of Modem Geo- 
graphy, designed for the use of Schools and Academies. Illustrated with 
twenty-three Copper-Plate Maps, drawn and engraved expressly for this 
work, from the latest authorities ; and embellished with numerous En- 
gravings. 

Mitchell's New Ancient Geography. An Ancient Geography, Classical 
and Sacred. An entirely; new edition, drawn from the best authorities, 
ancient and modern. Designed for the use of Schools and Colleges. Illus- 
trated with numerous Engravings. 12mo. Muslin. 

Mitchell's Ancient Atlas. 1 vol. 4to. 

[0= All of the above works are entirely new— text, engrayings, and maps ; the newest, latest, 
most acciirate, most relialile, and most beautiful series of Geographies published in the Union. 

MITCHELL'S OLD SERIES. 

Mitchell's (Old) Primary Geography. (Revised Edition.) An Easy In- 
troduction to the Study of Geography. Designed for the instruction of 
children in Schools and Families. 

Mitchell's School Geography and Atlas. (New Revised Edition.) A 
System of Modern Geography, comprising a description of the present state 
of the World. Accompanied by an Atlas containing thirty-two Copper- 
plate Maps, drawn and engraved expressly for this work. 

Mitchell's (Old) Ancient Geography and Atlas. Designed for Acade- 
mies, Schools, and Families. 

GOODRICH'S SERIES OF SCHOOL HISTORIES. 
Goodrich's American Child's Pictorial History of the United States. 

An Introduction to the Author's Pictorial History of the United States. 
Goodrich's Pictorial History of the United States. A Pictorial History 
of the United States, with Notices of other Portions of America. A new 
edition, re-written, enlarged, and newly illustrated. 

Goodrich's Pictorial History of England. A Pictorial History of Eng- 
land, Scotland, and Ireland. 

Goodrich's Pictorial History of Kome. A Pictorial History of Ancient 
Rome, with a Sketch of the History of Modern Italy. 

Goodrich's Pictorial History of Greece. A Pictorial History of Greece, 
Ancient and Modern. 

Goodrich's Pictorial History of France. A Pictorial History of France. 

Goodrich's Parley's Common School History of the World. A Brief 

Compend of Universal History. 

Goodrich's Pictorial Natural History ; embracing a View of the Mine- 
ral, Vegetable, and Animal Kingdoms. For the use of Schools. 

For sale by W. B. KEEN & CO., Chicago, and other principal Booksellers. 

PUBLISHED BY E. H. BUTLER & CO., PHILADELPHIA. 



OFFICIALLY RECOMMENDED 

SCHOOL BOOKS FOR ILLINOIS. 

From Hon. J. P. Brooks, State SiipH of Ptihlic Instruction. 

The great popularity to wliicli tlie books embraced in the Eclectic Se- 
ries have attained, is a most convincing proof of tlieir general superiority. 
It can hardly be denied that they possess distinguishing points of excellence, 
and the high estimate which is placed upon them by both teachers and learn- 
ers, is their best recommendation. It is now admitted, by many of the best 
Educators of the country, that the Eclectic Series, including McGuffey's 
New Series of Readers, Speakers, and Speller, Eay's Arithmetics and Al- 
gebras, and Pinneo's Grammars, constitute the best Educational Series in 
America. 

READERS AND SPELLERS. 

McGriiffey's Readers and Speller possess the rare merit, so seldom 
found, of a most judicious and perfect adaptation to the various classes of 
learners for which they were designed. They deserve all the commendations 
which experienced teachers have bestowed upon them. 

ARITHMETICS AND ALGEBRAS. 

Ray's Primary Aritlimetic. — A series of lessons for little learners, 
simple and progressive, leading them on to a thorough mastery of the ru- 
diments of numbers. 

Ray's Intellectual Arithmetic. — Having finished the Primary Book, 
the pupil is prepared to enter upon the study of this work, which is designed 
to discipline the intellect and educate the reasoning faculties of the child. 
I know of no Mental Arithmetic better adapted to the purpose. 

Ray's Practical Arithmetic. — This work is intended to acquaint the 
learner with the principles of Arithmetic, by inductive and analytical pro- 
cesses of calculation. If the pupil is attentive and studious, while passing 
through this book, he will thoroughly understand the "reason why" of the 
various oj^erations 23erformed, and will have learned to deduce rules from 
examples, rather than, as in the older but not the better method, to assume 
the correctness of results from their formal agreement with rules. 

Ray's Higher Arithmetic. — This is the highest book of the Arith- 
metical Series. It is a thorough scientific treatise, and is just such a book 
as is needed to perfect the series. 

Ray's Algebras have been extensively used by some of the best teach- 
ers, and their excellence tested by many years experience in the school-room. 
They are approved and used as text-books in many of the higher institutions 
of learning in all jDarts of the countr3\ 

EWGLISH GRAMMAR. 
I'limeo's Grammars are highly recommended by those best acquainted 
with them. A gentleman of high authority says truly, that "in the hands 
of good teachers, they can not fail to make good grammarians." 

The entire Eclectic Series can be safely recommended. It is well 
graded, and therefore adapted to the purposes of a progressive education. 
It is a well-constructed ladder, upon which the pupil may climb, with dili- 
gent effort and study, to any desired higlit of attainment within the sphere 
contemplated. 

[Signed,] John P. Brooks, 

State Superintendent of Fub. Instruction, Illinois, 



SCHOOL APPARATUSAND SCHOOL FURNITURE, 



HOLBROOK APPARATUS. 

Adapted to the -wants of all Primary, Intermediate, and Higher Schools, 
including Solids of various shapes, to give correct ideas of Form and Measure- 
ment ; Object Teaching Forms, Numerical Frames, Cube Root Blocks. 



GLOBES, 



of all sizes, including Hemisphere Globes, Celestial Globes, &c. 

Tellurians and Orreries, 

to illustrate the various motions of the Planetary System, and the phenomena 
resulting from the relation of the Sun, Moon, and Earth to each other ; show- 
ing causes of Day and Night, change of Seasons, different lengths of Day and 
Night, the changes of the Moon, Solar and Lunar Eclipses, &c., &c. 



Philosophical and Chemical Apparatus, 

Magic Lanterns a.ni Slides, Microscopes, Thermometers, &c. 

G. & H. ^^. gHSHlXTOOD'S PARENT ISflTK ILVUZ.!., 

the best Ink "Well ever invented. 
Hollt>i*ool£'s Lic^iiicl Slate, for Blacklioards. 



SCHOOL FURNITURE. 

(See Cuts of some of our Styles in main body of this "Work.) 

"We have Steam Works and Improved Machinery, wliicli will enable us to 
supply our Customers with all the most approved styles of SEATS and DESKS, 
without the annoyance, delay, expense, and damage of transporting sucli heavy 
freight from the East. All parlies seeking for Globes, Maps, Charts, Pliilo- 
sophical and Chemical Apparatus, or anything for illustration in all grades of 
Schools, will do well to give as a call. 

Ceo. & C. W. Sherwood, 

118 Lake Street, Chicago. 



LIVE SCHOOL-BOOKS. 



The attention of Teachers, School Officers, and other Friends of Education, is invited to 
the following STANDARD SCHOOL TEXT-BOOKS; all of which are new and original treatises 
in their several departments, and especially adapted to the improved methods of teaching which 
now prevail. 

WARREN'S GEOGRAPHICAL SERIES. 

"Warren's Primary Geography, Retail Price, $0.56 

"Warren's Common School Geography, " " 1.25 

"Warren's Physical Geography, " " 1.50 

These three books form a complete Geogi-aphical course, adapted to all grades of schools. 
They have recently been thoroughly revised, and now contain all new political and terri- 
torial changes, with statistics from the census of ISBil. The Maps and Engravings are of the 
very highest order of excellence ; and in all the books the Maps are in the same volume withthe 
deserii)tive text. The series is used in most of the principal cities and towns of the United 
States, and has given great satisfaction wherever it has been adopted. 

GREENE'S SERIES OF EKGLISH GRAMMARS. 

Greene's Introduction to the Study of English Grammar, Retail price $0.38 
Greene's English Grammar (recently issued) " " 0.63 

Greene's Analysis of the English Language, " " 0.63 

This Series of Grammars has been prepared by Prof. S. S. Greene, of Brown University, 
and is the result of a long and careful study of the language itself, as well as of the best methods 
of teaching it. The system by which the principles of the language are here exhibited is simple 
and easy of attainment, and differs in many essential particulars from that of any other author. 

Prof. Greene's connection with Public Schools, Normal Schools, and Teachers' Institutes, 
has given him peculiar facilities for adapting a series of Text-Books to the wants of the different 
grades of Scliools ; and his success is best manifested by the great popularity which these Gram- 
mars have attained. 

COLBURN'S SERIES OF ARITHMETICS. 

Tlie Child's Aritlimctic, Retail price, $0.16 

Colbnin's Intellettnal Arithmetic, - - - - - " " 0.25 
ColbBrn's Commou School Arithmetic, - - - - " " o.68 

Colburn's Arithmetic and its Application, - - - " " 0.94 

Colburn's Arithmetic, Part First (tlie first two books bound in one) " " 0.45 

i^"A Key to each of the two higher books of the Series will be furnished gratuitously to 
Teachers only. 

These popular Arithmetics were prepared by Dana P. Colburn, Master of the Rhode Island 
State Normal Scliool. 

They are eminently practical, and have received the warm approval of all those teachers 
who have made themselves acquainted with their merits. 

BERARD'S SCHOOL HISTORY OF THE UNITED STATES. 
Retail Price, 68 Cents. 

A 12mo volume of 224 pages, beautifully illustrated. The plan and arrangement of this 
little work are quite different from those of the School Histories in Common use, and the attractive 
and pleasant style in which it is written, cannot fail greatly to interest and instruct the leai-ner. 

LEACH'S COMPLETE SPELLING BOOK. 
Retail Price, 35 Cents. 

An entirely new and original method of classification is adopted in this Speller, by which it 
is believed that all the difficulties in orthography may be easily overcome by the pupil. 

Teachers and School Officers who intend to make changes in any of the above departments, 
' and wish to get the BEST TKXT-BOOKS, are requested to carefully examine these, and compare 
with contemporary publications. 

Very favorable terms for introduction will be given, and copies of any of the books forwarded 
for examination, postage paid, upon receipt of one-half the retail price. 

Address, J. B. COWPERTHWAIT, 

25 South Sixth Street, Philadelphia, Pa. 
Or, P. P. HEYHOOD, General Agent, Chicago. 



IVISON, PHINNEY, BLAKEMAN & CO., 

48 & 50 Walker Street, Ne-w Tork. 

Publishers of 

The AMiex*ican Educational S»<eries of" 

km OOLLEOE TEXT BOOKS, 

Includino 

SANDEES' SERIES of READERS, SPELLERS, &c., in twelve sepa- 

rate volumes ; strictly progressive from book to book. 

The early volumes of this series have been recently I'evised, newly illustrated, and electro- 
typed. They are in general use throughout the Union. 

SANDERS' UNION READERS, in five volumes, recently pi^iblished, with 
entire new matter, large clear type, elegant illustrations and attractive binding. 

ROBINSON'S COMPLETE MATHEMATICAL COURSE, including 

full series of Arithmetics, Algebras, Greometries, Surveying, Astronomies, and Keys to the 
same, for the use of the Teacher. 

The superiority of this series has been generally conceded, by those who have examined and 
used it, in style, typography and binding; in gradation and arrangement ; in conciseness of 
rules, and accuracy of definitions ; in rigid and logical, yet full and compi-ehensive analysis; 
in number and variety of practical examples; and in new and improved methods of operation. 

It is the most full and complete series of Mathematical Text Books, for the Common School, 
Academy, and (/oUege, by one author, published in this country. 

WELLS' SCIENTIFIC SERIES, comprising Philosophy, Chemistry, Ge- 
ology, and Science of Common Things, by David A. Wells, A.M., Editor of "Annual of 
Scientific Discoveries," "Knowledge is Power," etc. Embodying the latest researches in 
Physical Science, and excelling in their lucid style, numerous facts, copious illustrations, 
(over 700,) and practical applications of science to the arts of every-day life, and endorsed 
by hundreds of eminent and successful practical Educators In all parts of the country, and 
by the Press, 

GRAY'S BOTANICAL SERIES, embracing six separate volumes, elegantly 
illustrated ; the most full, scholarly, and attractive works on Botany to be found in the lan- 
guage, strongly endorsed by Profs. Agassiz, Silliman, Torrey, and other eminent naturalists, 
l)oth American and European. 

COLTON AND FITCH'S GEOGRAPHIES, in five separate volumes. 
This series has been recently completed by the issue of the American School Geography and 

Atlas. 

SPENCERIAN SYSTEM OF PENMANSHIP, embracing nine Copy 
Books, in S distinct series, graded, to meet the wants of schools, and learners of every classe. 

The Common School School Series embraces the first five numbers ; the Business Series, two 
books, Nos. six and seven ; the Ladies' Series, two books, Nos. eight and nine. The particu- 
lar points of excellence claimed are: 1. Simplicity. 2, Practicability. 8, Beauty. 

BRYANT & STRATTON'S BOOK-KEEPING SERIES, in three sepa- 

rate Editions. These books are beautifully printed in colors, on the best of white paper, and 
elegantly bound. They are extensively used in the principal Commercial Colleges throughout 
the Union. 

Attention is also invited to Hitchcock's Scientific Text Books, Wilson's 
Histories, Fasqublle's French & WooDBtjRT's Gkrman Series, Bradbury's Music Books, ,&c. 
^^~ Books furnished for examination or introduction, at reduced prices. 
(^~ For full notices, descriptions, testimonials, prices, etc., of all om- publications, send for 
Catalogue. Address the Publishers. 



•^THE BEST IS THE CHEAPEST.^ 



Wall Maps for Schools. 

The following of this IlnriTaled Series are now ready. 

They are designed' for the illustration of Physical and Political Geography, and are adapted 
to every gi-ade of school : 

United States, 6x7^ feet $8.00 

Hemispheres, 5x7 leet 7,00 

North America, H^Q feet 6,50 

Schith America, 5x6 feet 6.00 

Central Eiu'ope, 6^x7 feet 8.00 

North America; 4x4 feet — $4.50 

South America, 3x4 feet 3.00 

Europe, 4x4 feet 4.50 

Africa, 4x4feet. . : 4.50 

The remaining Maps of the two series, embracing EUROPE, (large,) ASIA, AFRICA, (large,) 
OCRANICA, THE WORLD, (Meiculor's Projection,) ROMAN EMPIRE and ANCIENT 
GREECE, will soon appear. 

These Mnps are beautifully colored, and finished in the best style. Any Map, or any number 
of ^laps, can be selected, if a full series is not required. 

Professor Richard Edwards, President of the State Normal University, says : 

" Professor GUYOT'S MAPS are working most successfully. They are splendid monuments 
of the author's industry, and of his profound and exact knowledge in his favorite science. • W6 
use them as we would a text book, requiring recitations to be made from them." 

CHARLES SCRIBNER, Publisher, 

124 Grand Street, New Yor^ 

HIRAM HADLEY, Western Ag't, 

I?.icli.mon.d., Indiana. 
For gale by S. C. Griggs & Co., 89 and 41, Lake Street, Chicago. 



AISTD 



Juvenile Singing Classes 



There are two thiugs that seem to assure us that this is a useful and popular 
book. The first is, its large sale ; the other is, the strong voluntary expressions 
of approval (we have never solicited one) from some of the most successful 
Teachers of Music, and Educational and other Journals, both East and West, 

This little hook contains 

TWO HyNDRED ANO TWENTY PIECES, 

Lessons, Songs in one, two, three and four parts, and a few Tunes, Hymna and 

Chants, composed and arranged with reference to the pleasure and profit 

of both Pupil and Teacher, by one of the best Teachers and 

Singing-School "Writers now living. 



Has two New and Important Features, the first of which is 

!P2?ogx*essive Song Lessons, 

By means of which all things necessary to a knowledge of Notation are intro- 
duced for practice, one after another, in an unusuallj- attractive 
manner. The other is 

Songs of Exercise, Trades & Occupations, 

In which Physical Exercise may be united with Singing. 

TKE SILVSH IiUTlS Bas been adopted as the Musical Text and Recreation book 
for the Public Schools in Chicago, Detroit, Cleveland, Buffalo, St. Louis, Peoria, and other large 
places East and West. 

All who are getting up Juvenile Singing Classes, either in or out of the Day-Schools, will do 
well to take a look at the SILVER LDTE. 

- " I think the Silver Lute very well adapted to the wants of our Schools, in the department 
for which it was prepared, and this and all similar books may be used to excellent advantage In 
Vocal Education. "JOHN P. BROOKS, 

Supt. Publie Instruction." 

Slxxele Oox^les 40cts. $4 x^^^r X>ozs. 

ROOT & CA.DY, 

OS Clark Street, - - - - CHICAGO, ILL. 



THE MOST COMPLETE, SUCCESSFTTL, 

AND 



BEST SYSTEM OF PENMANSHIP EVER PUBLISHED. 



« 

« f 

I 







On & 
1^ 






Expressly adapted to the Schools of the United States, and comprehending 
every thinp: requisite for the conrenienee of the Teacher and the needs of the 
scholar. Used exclusively in Brooklyn, Chicag:o, Cincinnati. Columbus, Mil- 
waukee, and many other of the principal cities in the United States ; and more 
than all others in Boston, New York City and Albany. More extensively \ised 
throuprhout the United States than any other system. A system which has done 
more for the advancement of this important branch of education than any other 
ever publislied, and which has been the means of awakening an interest in the 
subject never before felt. 

Those interested in other systems are obliged to confess that this is better 
adapted to the Public Schools of the United States than any other known. 

• This Splendid System comprises, 

1. Twelve Copy-Books, which include a regularly e.Taded system of instruc- 
tion, commencing witli the simplest ■ principles and closing with a most beauti- 
fully finished hand. The various books contain a hand-writing for gentlemen, 
one for ladies, with an ornamental book adapted to both, and also a book of 
Mercantile Forms. 

2. A' System of Oblipue Lines, for teaching the proper slope in writing. 

3. A Manual for Teachers, containing a full statement of Paysdn, Dunton 
and Scribner's celebrated method of teaching, including Class-drill, writing in 
concert, etc., with engravings. 

4. Exercise or Drill-Books, No. 1 «ow ready. 

5. National Writing Tablets, a series of eight Tablets of larse size, dig- 
playing, as on the blackboard, the elements and prmciples of tlie letters. By 
means of these the teacher is enabled to place perfect models before the class. 

6. A System of Book-Kaeping, in which the Day-book, Journal and Ledger 
are presented in written form. By L. B. Hanaford, A M., and J. W. Payson, in 
three books : 1. Single Entry, for Common Schools ; 2. Double and Single 
Entry, for High Schools. 3. Academic Edition. 

^^^ A particuliir descvijition of the various hooks of the series, with specimens, and com* 
mendatoiy noticts from eminent teachers, will be sent if appllfd for. 

CROSBY & NICHOLS, Publishers, 

117 Wash ngton Street. Boston, Mass. 



